March 18, 2020
By Colleen Mackeigan The Court of Appeal’s decision in 2099082 Ontario Limited v. Varcon Construction Company, 2020 ONCA 202, shows that summary judgment can be granted in cases involving complex factual and contractual issues and disputed expert evidence. The decision serves as an excellent example of what the Supreme Court of Canada had in mind […]
February 13, 2020
As a reminder to defence counsel, a crossclaim by a co-defendant needs to be examined to determine whether a defence to crossclaim is required. Unless the crossclaim is only for contribution and indemnity under the Negligence Act, a defence to crossclaim should be entered. In the personal injury realm, co-defendants sometimes seek damages for breach […]
August 07, 2019
Affidavits in support of motions and applications are not permitted to contain legal argument and opinions (except in rare cases where a legal opinion may be relevant to the hearing, such as proving foreign law), nor can they contain comments on the legal position of the opposite party. Rule 4.06(2) of the Rules of Civil […]
July 22, 2019
By Brian Sunohara In a trial of a motor vehicle accident action, deductions for collateral benefits are determined by the trial judge after the jury’s verdict. The jury is not permitted to deduct collateral benefits in its assessment of damages. The Issue A question then arises on whether defence counsel can cross-examine a plaintiff on […]
July 04, 2019
By Brian Sunohara The doctrine of ex turpi causa provides that a person cannot pursue a legal remedy if it arises in connection with the person’s own illegal act. For example, you cannot commit murder and then seek to recover under the victim’s life insurance policy. As another example, two thieves who disagree over the […]
June 24, 2019
By Brian Sunohara In Al-Khouri v. Hawari, 2019 ONSC 3681, the defendant’s insurer was sanctioned for its conduct at a pre-trial conference. The defendant’s insurer took a “no liability” position and refused to negotiate a settlement. Justice Trimble referred to rule 50.05(2) of the Rules of Civil Procedure, which indicates: “a party who requires another […]
