RP Blog

Andrew Yolles was recently published in a two-part series in The Lawyer’s Daily in an article called “SCC decision roadmap to damages in tort for pure economic loss”. Andrew comments on the Supreme Court of Canada’s decision in 1688782 Ontario Inc. v. Maple Leaf Foods Inc., 2020 SCC 35. Andrew says, “TheRead More

By Gemma Healy-Murphy I recently attended an interesting and informative program put together by Osgoode Hall Law School titled “The 2020 Legal Guide to Privacy & Information Management in Healthcare”. Below are my key takeaways from the program, including best privacy practises and how to deal with a potential privacyRead More

By Andrew Yolles In its recent decision in 1688782 Ontario Inc. v. Maple Leaf Foods Inc., 2020 SCC 35, the Supreme Court of Canada was divided on whether Mr. Sub franchisees could claim damages in negligence for pure economic loss resulting from contaminated meat products supplied by  Maple Leaf Foods.Read More

By Alon Barda I wrote an article about two months ago entitled “The End of Civil Jury Trials? Jury Notice Struck Due to COVID-19.” At the time, I discussed the case of Belton v. Spencer 2020 ONSC 5327,[1] wherein the motion judge held that the defendant’s right to a trialRead More

The Lawyer’s Daily has published an article by Stephen Ross and Gemma Healy-Murphy called “Summary judgment post COVID-19”. Stephen and Gemma indicate: Over the past few months, we have seen the judiciary quickly and creatively respond to the challenges imposed by the COVID-19 pandemic. In this way, we have seenRead More

By Jocelyn-Rose Brogan When conducting an examination for discovery, counsel should keep in mind that the Rules of Civil Procedure are designed to provide parties with full disclosure of information in order to avoid surprise. However, as demonstrated in Beemer and Chrysler v. 1350246 Ontario Inc., 2020 ONSC 5564 (“Beemer”),Read More

By Meryl Rodrigues In an interesting decision released by the Court of Appeal on October 13, 2020, the Court appears to have swiftly dealt with a defendant’s broad appeal on the merits of a trial judgment in an action arising from a motor vehicle accident.[i] The case of Rolley v.Read More

By Matthew Umbrio On September 4, 2020, Justice Sheard of the Ontario Superior Court of Justice  released a decision on a motion to strike the defendant’s jury notice, in Belton v. Spencer.[1] Her Honour, in granting the plaintiff’s motion, held that, in order to respond to the additional challenges toRead More

By Gemma Healy-Murphy Established in 2016, the Ontario Patient Ombudsman[1] receives and resolves complaints related to Ontario’s public hospitals, long-term care homes, and home and community care coordinated by the Local Health Integration Networks. The Patient Ombudsman has no jurisdiction in matters involving a regulated healthcare professional, private retirement homeRead More

By Erin Crochetière The Ontario Crown Liability and Proceedings Act, 2019 (“CLAPA”) came into force in July of 2019, replacing the Proceedings Against the Crown Act. CLAPA received industry-wide scrutiny based on the provisions limiting Crown liability. Whereas the former Proceedings Against the Crown Act provided that the Crown wasRead More

We’re pleased to present the Fall 2020 edition of our newsletter, In|Sight, which covers the follows topics: 1. Additional Insureds: What Does “Arising Out of the Operations” Mean? 2. The Beginning of the End? What Recent Decisions Could Mean for Jury Trials in Ontario 3. UK Test Case on BusinessRead More

By Emily Vereshchak The Supreme Court of Canada has released two decisions interpreting the test on a motion to dismiss under s. 137.1 of the Courts of Justice Act, known as the anti-SLAPP legislation (strategic lawsuits against public participation). The direction provided by the Supreme Court is likely to changeRead More

By Alon Barda The recently released motion decision in Belton v. Spencer, 2020 ONSC 5327, is a very important one for anyone practicing civil litigation in the province. The Case The claim arises from injuries sustained by the plaintiff on May 21, 2010 when he was kicked by a horseRead More

By Colleen Mackeigan In a recent decision of the Ontario Court of Appeal (“ONCA”) in Oz Merchandising Inc. v. Canadian Professional Soccer League¸2020 ONCA 532, OZ Merchandising Inc. (“OZ”) was denied leave to submit a 500 page factum, or alternatively a 125 page factum in support of its appeal ofRead More

By Andrew Yolles Since the proliferation of adverse costs insurance through the legal industry over the last few years, there have been a handful of decisions in Ontario dealing with a plaintiff’s disclosure obligations with respect to such insurance policies. Generally speaking, adverse costs insurance, sometimes referred to as “AdverseRead More