March 03, 2021
By Erin Crochetière In Jonas v. Elliott, 2021 ONCA 124, the Court of Appeal added to the history of cases in which the courts have declined to recognize a duty of care between social hosts and those injured by the actions of their guests.[1] The plaintiff, Mr. Jonas, was assaulted by a guest while attending […]
February 24, 2021
By Emily Vereshchak The mid-trial ruling of Justice Tranquilli in Solanki v. Reilly, 2021 ONSC 1326,[1] provides an analysis of the importance for counsel to ensure there is a “meeting of the minds” with regards to which claims are being pursued at trial. Overview The plaintiff sought to lead the evidence of an occupational therapist […]
February 18, 2021
Matthew Umbrio was recently published in a two-part series in The Lawyer’s Daily. Matthew discusses two recent court decisions on motions to strike jury notices. The two parts can be found here: Part 1 Part 2
February 17, 2021
By Colleen Mackeigan In the recent decision of Unifund Insurance Company v. Chartis Insurance Company of Canada (January 14, 2021), Arbitrator Bialkowski granted a wide breadth of documentary production requested in the context of a loss transfer dispute. His decision was predicated on the reasonableness of the requests and the probative value of the documents […]
February 11, 2021
By Andrew Yolles A judge of the Ontario Superior Court of Justice has recognized a new common law tort of harassment. As recently as 2019, the Ontario Court of Appeal declined to recognize the existence of a tort of harassment in Canadian law. In his recently released decision in Caplan v. Atas, 2021 ONSC 670,Justice […]
February 09, 2021
By Gemma Healy-Murphy There are many frustrations in the litigation process, the most recent of which crossed my desk during the course of an examination for discovery of an opposing party where at the conclusion of my examination, the opposing lawyer chose to conduct a re-examination of their witness. The Applicable Rules The right of […]
