RP Blog

By Michael Kryworuk In Interhealth Canada Limited v. O’Keefe, 2023 ONCA 368, the Ontario Court of Appeal considered an appeal by the plaintiff, Interhealth Canada Limited (“Interhealth”), of a decision by the Ontario Superior Court of Justice. While the case was appealed on both substantive and procedural grounds, this blogRead More

By Kathryn Orydzuk In the recent decision in John Howard Society of Peel-Halton-Dufferin v. Pennock et al, 2023 ONSC 2839, released on May 11, 2023, the Ontario Superior Court of Justice ruled on a motion for default judgment by the plaintiffs, and in the alternative, seeking judgment on the termsRead More

By Annie Levanaj The recent decision of the Court in Delanty v. Hogan, 2023 ONSC 2501, demonstrates that parties are expected to move actions forward and respond promptly when dealing with reconsiderations of WSIAT decisions. Background This decision arose from a motor vehicle accident. The plaintiffs were Ms. Delanty, aRead More

By Erin Crochetière The Court of Appeal in Wong v. Lui, 2023 ONCA 272, considered the applicability of the 15 year ultimate limitation period to claims advanced by a plaintiff who was a minor, but did not yet have a cause of action, during the running of the 15 yearRead More

By Jennifer Singh In Syed v. Security National Insurance Company [1], the LAT dismissed the applicant’s application and awarded the respondent, Security National Insurance Company, $2,000.00 in costs. Motions can be a useful tool at the LAT, but with finite resources frivolous motions constitute a hindrance. The awarding of costsRead More

By Riley Groskopf The Ontario Superior Court of Justice recently released its new certification decision in Nordik Windows Inc. v. Aviva Insurance Co., 2023 ONSC 1804. The decision of Justice Morgan was the second certification motion for the proposed class action, after Justice Belobaba issued an Order that a newRead More

By Michael Kryworuk In Shillington v. Stover, 2023 ONSC 1463, Regional Senior Justice C. Macleod considered a motion by one of the defendants, Million Dollar Round Table (“MRDT”), to strike the statement of claim against it as disclosing no cause of action under Rule 21.01(1)(b) of the Rules of CivilRead More

By Michael Brown An endorsement from a recent motion held in the Ontario Superior Court of Justice before McGraw AJ has provided an interesting look at the use of misnomers in pleadings and the doctrine of discoverability as it relates to unidentifiable parties. In Abramov v. Doe,[1] the Plaintiff broughtRead More

By Meryl Rodrigues In the recent decision of Sinclair v. Amex Canada Inc.[i], the Ontario Court of Appeal reaffirmed the principles in the oft-cited jurisdictional decision of Van Breda[ii], and articulated a (perhaps disputable) framework for their application in a given case, following the appeal of three Italian companies fromRead More

By Kathryn Orydzuk In the recent decision of the Ontario Court of Appeal, Haudenosaunee Development Institute v. Metrolinx, 2023 ONCA 122, the Court considered whether an extension of an Order granting interim injunctive relief was appropriate, in the most recent skirmish in the battle over the removal of 11 treesRead More

By Jennifer Singh In Varriano v. Allstate Insurance Company of Canada [1], the Court of Appeal overturned a Divisional Court decision [2] and reinstated the decision of the LAT adjudicator which found that the insurer’s letter denying IRBs complied with the legislative requirements of 37(4) of the SABS, even thoughRead More

By Franz Lopez In Black & MacDonald Limited v Eiffage Innovative Canada Inc.,[1] the Ontario Court of Appeal addressed an appeal of a lower court’s decision to stay two proceedings related to the construction of the Alex Fraser Bridge crossing over the Fraser River in Delta, British Columbia (the “Project”)Read More

By Erin Crochetière In Levac v. James,[1] the Court of Appeal for Ontario considered an appeal regarding the standard of care and causation in a class action alleging breach of applicable Infection Prevention and Control (“IPAC”) best practices causing infection. In the underlying class action, the plaintiffs alleged that theRead More

By Annie Levanaj The recent decision in Gillespie v. Fraser, 2023 ONSC 537 dealt with the plaintiff’s motion for default judgment against the defendant, Diana Tilbert, following her failure to deliver a Statement of Defence within the prescribed time. In this decision, the court summarizes the applicable criteria for awardingRead More

In Henry v. Zaitlen, 2022 ONSC 7259, the court considered the applicable rate of prejudgment interest (“PJI”). In the Courts of Justice Act, the PJI rate for non-pecuniary loss is 5% per year.  However, in MacLeod v. Marshall, 2019 ONCA 892, the Court of Appeal held that the trial judgeRead More

By Riley Groskopf The License Appeal Tribunal (“LAT”) recently released its reconsideration decision in Iravani-Fard v. Economical Insurance, 2022 CanLII 109480. The decision addresses the consequences of a claimant’s failure to attend insurer examinations, and recognizes the rights granted to insurers by the SABS. Facts at issue The claimant wasRead More

By Michael Brown While COVID-19 continues to rear its head in the Ontario court system, there have been some teachable moments arising from the pandemic and the litigation resulting from it. Recently, the Ontario Court of Appeal considered the suitability of a commonly utilized pre-trial procedure, a request to admit,Read More

By Meryl Rodrigues In a recent Costs Endorsement decision in Kesete v. Gaspar[i], the Ontario Superior Court addressed an argument that a plaintiff’s alleged impecuniosity should bar any – or anything more than nominal – costs being awarded to a successful defendant. The decision followed a 14-day jury trial, inRead More

In Kahissay v. Intact Insurance, 2022 ONSC 6357, a statutory accident benefits claimant appealed a decision of an adjudicator of the Licence Appeal Tribunal related to attending insurer’s medical examinations. The Divisional Court issued a notice indicating that the court was considering dismissing the appeal on the basis that itRead More

By Kathryn Orydzuk In MDG Newmarket Inc. v Symonds, 2022 ONSC 6481, Justice Vermette rendered a decision on an interesting motion that touched upon the doctrine of abuse of process, and when commencing a separate action in the Superior Court may effectively be considered an attempt to transfer a matterRead More

By Jennifer Singh In Nick Vassos v. Heartland Farm Mutual Inc. [1] the LAT denied a motion brought by the applicant to exclude the following from the hearing: Surveillance video;Any report or assessor who relied on the surveillance; andAll evidence used in relation to the surveillance. Background The applicant wasRead More

The decision of Cornwall v. Al Bloushi, 2022 ONSC 6388, involves an undefended trial in a personal injury action. The plaintiff was 69 years old at the time of a slip and fall accident.  She sustained a humerus fracture of her right arm.  Surgery was not performed. The plaintiff hasRead More

By Erin Crochetière In National Organized Workers Union v. Sinai Health System, 2022 ONCA 802, the Court of Appeal considered the jurisdiction of the Superior Court in the context of a labour arbitration. In the underlying labour arbitration, the Appellant, the National Organized Workers Union, disputed the Respondent hospitals’ mandatoryRead More

By Athina Ionita In Mensula Bancorp Inc. v. Halton Condominium Corporation No. 137, 2022 ONCA 769, the Court of Appeal considered the application of s. 46(1)3 of the Arbitration Act, 1991, S.O. 1991, c. 17 (“the Act”), and when a court may interfere with an arbitration award. Background The appellant,Read More

The case of Raskin v. Stepanyan, 2022 ONSC 6247, involves an undefended personal injury trial. The plaintiff was involved in a trip and fall accident.  She was 64 years old at the time of the accident. She sustained a fracture of the fifth metatarsal on the right foot.  She woreRead More

By Annie Levanaj The Post v. Hillier trilogy of cases is important in demonstrating the serious consequences individuals can face for failure to comply with court orders in civil actions. Part 1: Post v. Hillier, 2022 ONSC 3793 The initial decision dealt with a defamation action. The plaintiff, Ms. Post,Read More

In Sutherland Estate v. London Health Sciences Centre, 2022 ONSC 5942, the plaintiffs sought to amend the Statement of Claim to limit the claim to $200,000 and to continue the action under the Simplified Procedure.  The defendants opposed the amendment. A patient sustained injuries while at a hospital.  Over fiveRead More

The decision of Kolapully v. TTC et al., 2022 ONSC 6024, involved an accident between a pedestrian and a bus. At trial, the plaintiff was awarded $150,000 for past loss of income (after accounting for contributory negligence). The plaintiff had previously received over $95,000 in non-earner benefits in an accident benefitsRead More

Rule 29.2.03 of the Rules of Civil Procedure is sometimes overlooked when counsel conduct discoveries and make production requests. This rule was recently considered in Gurprasad v. Kim, 2022 ONSC 5753. The rule states: 29.2.03 (1) In making a determination as to whether a party or other person must answerRead More

In Rana et al v. Ramzan et al, 2022 ONSC 5669, a witness called by the defendants denied in examination-in-chief ever being convicted of a criminal offence. In cross-examination, plaintiffs’ counsel sought to cross-examine the witness on information contained in a document which indicated that the witness had been chargedRead More

In a previous blog post, we discussed the Court of Appeal’s decision in Tallman Truck Centre Limited v. K.S.P. Holdings Inc., 2022 ONCA 66. The Court of Appeal upheld the stay of an action due to the failure to immediately disclose a partial settlement agreement. The Supreme Court of CanadaRead More