April 07, 2021
By Rebecca Moore It is hard to believe that it has been over a year since the pandemic began. Over a year since we have all been trying to maintain that delicate balance between work-life and home-life, all the while trying to keep ourselves, our family and friends, safe and healthy. As if being a […]
March 10, 2021
By Gemma Healy-Murphy Recently, while researching case law, I happened upon the words of Master Short who set the stage for those who might read his decision in years to come. He wrote: [1] At some future time, these reasons may require clarification arising from the 2020 impact on Ontario of a global pandemic. On […]
January 16, 2021
Since the Small Claims Court limit increased from $25,000 to $35,000 last year, we will likely see an increase in Small Claims Court lawsuits. This means that judges hearing Small Claims Court trials will be busier than ever. The question then arises: how detailed do trial judges’ reasons need to be in Small Claims Court? […]
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 […]
