RP Blog

By Sebastian di Domenico In Tataryn v. Diamond & Diamond Lawyers LLP, 2025 ONCA 5, the Ontario Court of Appeal addressed the issue of how to interpret s. 29.1(1) of the Class Proceedings Act, 1992, S.O. 1992, c. 6 (the “CPA”) which came into force on October 1, 2020. TheRead More

By Riley Groskopf In Alvi v. YM Inc., 2025 ONSC 2041, the Ontario Superior Court of Justice refused to restore an action to the trial list, and simultaneously, dismissed an action due to delay. The case reinforces the importance of taking positive actions to move files forward without delay throughoutRead More

By Michael Kryworuk On March 18, 2025, Justice John Krawchenko of the Ontario Superior Court of Justice released his decision in Mazgaj v. Reyes, 2025 ONSC 1721. This decision concerned a motion brought by the plaintiff, Tadeusz Mazgaj to amend their statement of claim to add two additional parties (Mrs.Read More

By Megan Chan In Spencer et al. v. Omega Insurance Company et al., 2025 ONSC 1022, the Court interpreted a Legal Expense Insurance policy in an application by the defendants in an underlying lawsuit for indemnification for their legal costs awarded to them in that lawsuit. This decision reiterated theRead More

By Kathryn Orydzuk Background Two actions have arisen out of a fatal motor vehicle accident that occurred in February of 2015 on a highway in Northern Ontario in the midst of a winter storm. It is alleged that the road conditions were poor. His Majesty The King, In Right ofRead More

By Jordan Petruska In Lower Williams Properties Ltd. v. Santaguida, 2025 ONSC 1132, the third party brought a Rule 21 motion in multiple related actions on the grounds that the third party action was barred by the 15-year ultimate limitation period. Background The actions all arose from a 2019 fireRead More

By Jeffrey Allen In the recent Court of Appeal for Ontario case, Rivard v. Ontario, 2025 ONCA 100, the Court considered a claim made against the Kingston Chief of Police and the Kingston Police Services Board following the allegedly violent arrest of the respondent. This case offers valuable insight intoRead More

By Farid Mahdi The Supreme Court of Canada, in Marguerite Crete v. Ottawa Community Housing Corporation,[1] has denied leave to plaintiffs seeking to appeal from the Court of Appeal for Ontario’s finding which confirmed that landlords in Ontario are not liable for slip and fall injuries on ice in areasRead More

By Emily Vereshchak In Diverse Transportation v. Chen, 2025 ONSC 554, the Court analyzed the screening function of an anti-SLAPP motion in the context of what issues can be constituted to be in the public’s interest. At issue was whether the public had any interest in a monetary dispute betweenRead More

By Elizabeth Branopolski In Bernier v. Ottawa, 2024 ONSC 6725, the plaintiffs brought an action for injuries sustained while participating in a cycling event. The Defendants, Ville d’Ottawa, GrandFondo Ottawa, and Greg Capello, sought to rely on the terms of a waiver signed by the plaintiff to dismiss the action.Read More

By Antoinette Monardo In Grid Link Corp. v. Foglia et al, 2024 ONSC 19 (“Grid Link 2024”), the plaintiff used documents disclosed in a Labour Relations Board proceeding to start a civil action. The defendants brought a motion to dismiss or permanently stay the action based on breach of theRead More

By Cameron Allan Introduction: In its recent decision in Davis v. Aviva General Insurance Company, 2024 ONCA 944, the Ontario Court of Appeal denied leave to appeal a Divisional Court decision about whether slipping on ice while walking toward one’s vehicle constitutes an “accident” as defined by the Statutory AccidentsRead More

By Shannon Mascarenhas Background The decision in Sabaratnam v. Yohanathan, 2024 ONCA 845, concerns an appeal brought by Mr. Mooka and his company, seeking to overturn a summary judgment that awarded the plaintiff $75,000 in damages for defamation, and $25,000 in punitive damages. The plaintiff also cross-appealed the motion judge’sRead More

By Sebastian di Domenico In Truong v. Jeweler’s Mutual Insurance Company, 2024 ONCA 734, the Ontario Court of Appeal addressed when a Court can award punitive damages against an insurer who improperly denies coverage. In 2014, the appellant, Jeweler’s Mutual Insurance Company (“Jeweler’s Mutual”) issued a policy of insurance toRead More

By Riley Groskopf In Morales v. Laguardia, 2024 ONCA 869, affirming 2024 ONSC 1533, the Ontario Court of Appeal upheld a summary judgment motion based on a no liability position taken in a motor vehicle accident. Justices MacPherson, Roberts and Wilson penned a strong endorsement of a finding that thereRead More

In a recent decision of the Ontario Court of Appeal, Thunder Bay (City) v. Great American Insurance Company, 2024 ONCA 837, the Court of Appeal considered the circumstances in which an exclusion clause may not remove an insurer’s duty to defend. Background Various legal proceedings were pursued against the CityRead More

By Michael Kryworuk On November 11, 2024, Justice Jane Dietrich of the Ontario Superior Court of Justice in Toronto released her decision in M.P. v. Ontario Power Generation Inc., 2024 ONSC 6295. This decision concerned a motion brought by the defendant, Ontario Power Generation Inc. (“OPG”), to strike a numberRead More

By Kathryn Orydzuk The case of Aviva Insurance Company v. Echelon Insurance, 2024 ONSC 5921, arises out of a motor vehicle accident that involved a motorcycle insured by Echelon under a policy issued in Ontario and a Chevy Silverado insured by Aviva under a policy issued in Alberta. The accidentRead More

By Megan Chan In the recent Ontario Superior Court decision Logan v. Stryker Canada Corp., 2024 ONSC 6171, the court addressed a motion for an order under Rule 32 of the Rules of Civil Procedure. Facts A medical device, manufactured by one of the defendants, Stryker Canada Corp., was usedRead More

By Erin Crochetière The Court of Appeal for Ontario recently weighed in on the issue of the prejudgment interest rate applicable to claims for non-pecuniary general damages claims in Henry v. Zaitlen, 2024 ONCA 614.[1] The underlying action arose from a medical malpractice claim. At trial, the plaintiff was awardedRead More

By Jordan Petruska In Baldasio v. City of Toronto, 2024 ONSC 5391, the defendant, City of Toronto brought a motion for dismissing the action for delay. Background This action arose from a slip and fall incident on January 13, 2014. On December 29, 2015, the plaintiff commenced an action againstRead More

By Farid Mahdi In the recent decision of Burley v. City of Ottawa et. al. (“Burley”),[1] the Ontario Superior Court of Justice reaffirmed that the defendant building owners did not owe their plaintiff tenant a common law duty to maintain the municipal sidewalk adjacent to their property, that they wereRead More

By Emily Vereshchak In Bello v. City of Hamilton, 2024 ONSC 5457, the Court examined whether the plaintiff’s personal injury action ought to be dismissed on the basis that the plaintiff was cycling on an untraveled potion of highway in the City of Hamilton. Facts The plaintiff was biking withRead More

By: Katrina Taibi Overview: In Ferreira v. Hopper,[1] the Ontario Superior Court considered for the first time whether the Canada Emergency Response Benefit (CERB) and the Canada Recovery Benefit (CRB) can be deducted from an income loss award in the context of a motor vehicle accident. Background Facts: The plaintiffRead More

By Elizabeth Branopolski In the recent decision of Abdul-Hussein v. Zabel, 2024 ONSC 4035, the Ontario Superior Court of Justice reiterated the important role expert evidence plays in medical malpractice claims. Background The self-represented plaintiff, Ms. Abdul-Hussein, consulted with the defendant, ophthalmologist Dr. Werner Zabel, for a cataract surgery consultation.Read More

By Eli Feldman Introduction On September 9, 2024, for reasons set out in Auguste v. Ottawa Police Services et al., 2024 ONSC 4956, the Ontario Superior Court of Justice dismissed the claims of Cheryl Auguste and her three children (collectively, the “plaintiffs”) pursuant to r. 2.1.01 of the Rules ofRead More

By Cameron Allan It is not unusual for individuals embroiled in legal proceedings to express concerns about the personal and private information divulged in evidence and put into public record during the litigation process. Privacy and security are important to many of us, after all.  As a result, litigants mayRead More

By Antoinette Monardo In Little v. Bramcan Investments Limited, 2024 ONSC 1485, the plaintiff was an undischarged bankrupt at the time the action was commenced. The Ontario Superior Court of Justice determined that the action not being brought in the name of the trustee in bankruptcy was not a simpleRead More

By Sebastian di Domenico In Willick v. Willard, 2023 ONCA 792, the Ontario Court of Appeal dismissed the appeal of the plaintiffs who argued, among other things, that the trial judge erred in law by failing to provide sufficient reasons. This was a complex medical malpractice case. On March 10,Read More

By Megan Chan The new Rule 6.1.01(1) of the Ontario Rules of Civil Procedure came into effect on July 1, 2024. This new Rule was considered in LaPointe v. Simcoe Muskoka Catholic District School Board, 2024 ONSC 4040. The action involved personal injuries suffered by Hudson LaPointe while playing inRead More

By Shannon Mascarenhas The case of Clancy v. Farid, 2024 ONCA 568, certainly has a colourful history. For an in depth summary of the case in the lower court, see our firm’s blog post from earlier this year. In short, this was a claim for defamation brought by 53 plaintiffsRead More

By Sebastian di Domenico In McFadden v. Psutka, 2024 ONCA 203 (CanLII), the Ontario Court of Appeal addressed an appeal from the dismissal of the appellants’ motion for leave to amend their claim. This case arises from alleged negligent treatment provided by the respondent, Dr. David J. Psutka. The motionRead More

By Riley Groskopf The recent decision in Wiseway Global Canada Consulting Ltd. v. Shen, 2024 ONSC 4005, concerned a motion before the Superior Court of Justice seeking to make a series of amendments to a Statement of Claim after the completion of discoveries, pursuant to Rule 26.01 of the RulesRead More

By Nasra Esak In a recent decision of the Ontario Court of Appeal, Norman Towing (7344508 Canada Inc.) v. Riordan Leasing Inc., 2024 ONCA 518, the Court of Appeal outlined the relevant factors courts must consider when granting a nunc pro tunc order. Nunc pro tunc (latin for “now forRead More

By Michael Kryworuk On April 18, 2024, Justice Adrianna Doyle of the Ontario Superior Court of Justice in Bellville released her decision  in The Corporation of the Municipality of Marmora and Lake v. His Majesty the King in Right of Ontario, 2024 ONSC 2254. This matter concerned an application broughtRead More

By Kathryn Orydzuk Background The appellants/plaintiffs appealed the June 5, 2023 decision of Penny J. of the Ontario Superior Court (Workman Optometry Professional Corporation v. Certas Home and Auto Insurance, 2023 ONSC 3356), which was heard by the Ontario Court of Appeal on June 12, 2024 (Workman Optometry Professional CorporationRead More

By Jennifer Singh The Appeal in Legault v. TD General Insurance Company, 2024 ONCA 439, arose from a trial decision dismissing an action brought by Shelley Legault against TD Insurance Company (“TD”) relating to TD’s denial of Ms. Legault’s claim under her homeowner’s insurance policy following a fire at herRead More

By Jordan Petruska In Zaza v. Toronto, 2024 ONSC 2931, the defendant, Beasley Enterprises Limited was ordered to pay costs to the co-defendant, The City of Toronto for keeping them in the action and failing to conform to the defence and indemnity provisions of their licence agreement. Background                                  This actionRead More

By Emily Vereshchak In Construction Distribution & Supply Company Inc. v. Continental Casualty Company (CNA Insurance), 2024 ONCA 405, the Court of Appeal analyzed the applicability of an exclusion clause in an insurance policy in relation to pollution liability. The appellant, Continental Casualty Company (“Continental”), appealed the decision of theRead More

By Erin Crochetière The Court of Appeal for Ontario recently considered the liability of landlords for dog bites occurring on premises they own, in the case of Walpole v. Crisol, 2024 ONCA 400. The appellants, the Walpole family, were visiting the home of the defendants, Tammy Brush and Larry Ostertag, whenRead More

By Elizabeth Branopolski In the recent decision of the Ontario Superior Court of Justice, Hamilton-Dawkins v. Town of Ajax, 2024 ONSC 2152, the Court considered whether the Town of Ajax was able to rely on the statutory defences available under s. 44 of the Municipal Act to avoid liability. Background TheRead More

By Antoinette Monardo In Rivard v. Kingston Police, 2023 ONSC 6627, the Divisional Court simultaneously grappled with a motion to strike out an amended statement of claim, and a cross-motion for leave to amend the amended claim. Context On September 7, 2018, the plaintiff (respondent on appeal) was involved inRead More

By Cameron Allan A recent decision from the Ontario Superior Court of Justice serves as a reminder for counsel to carefully consider the types of documents being provided to their expert witnesses for the preparation of expert reports. In Simmermon v. Djoudad et. al., 2024 ONSC 2388, a motion judgeRead More