January 20, 2023
At our weekly Friday meeting, Nasra Esak discussed the recent Court of Appeal decision of Ontario v. Madan, 2023 ONCA 18. The Court of Appeal upheld a motion judge’s decision to strike contested paragraphs of the appellants’ statements of defence counterclaims, which alleged that the Government of Ontario was vicariously liable and contributorily negligent for […]
January 13, 2023
At our weekly Friday meeting, Katrina Taibi discussed the recent decision of the Ontario Superior Court in Delgado-Zurita v. Toronto (City), 2023 ONSC 35. Overview: The plaintiff brought a motion pursuant to Rule 48.14 of the Rules of Civil Procedure to vary a set aside order and for an extension of time to set the […]
January 06, 2023
At our weekly meeting, Emmanuel Couture-Tremblay discussed the recent decision of the Ontario Superior Court in Morgan v. Co-Operators General Insurance et. al., 2022 ONSC 7254. Overview This simplified procedure action involved a claim for water damage that occurred at the plaintiff’s property on December 9, 2019. Background The Plaintiff was the owner of a […]
December 23, 2022
At our weekly Friday meeting, Taya Rosenberg discussed a recent decision on a mid-trial motion for an adjournment of trial to permit the plaintiffs to obtain new expert evidence, in Carter v. Newman, 2022 ONSC 7179. Overview The plaintiffs brought a motion for an order to adjourn the trial and for leave to obtain a new […]
December 16, 2022
At our weekly Friday meeting, Nasra Esak discussed the recent Ontario Court of Appeal decision in 2505243 Ontario Limited (ByPeterandPaul.com) v. Princes Gates Hotel Limited Partnership, 2022 ONCA 859. The Court of Appeal upheld a decision of Justice Gilmore in which a commercial landlord was found to have operated in bad faith against a restaurant […]
December 09, 2022
At our weekly Friday meeting, Katrina Taibi discussed the recent decision of the Ontario Superior Court in Chevrier v. Orsanic, 2022 ONSC 6508. Overview: In this case, one of the defendants brought a motion to: set aside a noting in default against her; allow her to file a Statement of Defence and Crossclaim; and, strike […]