July 24, 2024
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 motion judge had dismissed the appellants’ […]
July 17, 2024
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 Rules of Civil Procedure. Although amendments […]
July 10, 2024
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 for then”) orders allows the courts […]
March 28, 2024
By Riley Groskopf A recent motion was brought at the Superior Court of Justice regarding the producibility of individuals under disability for discovery, and the refusal of a party to do so. The motion decision in Antczak v. Avakian, 2024 ONSC 1715 serves as a good reminder of the fundamental principles for refusing the production […]
February 07, 2024
By Emily Vereshchak In Howell, McDonnell v. Freire, Aviva Insurance, Echelon Insurance, 2024 ONSC 586, the Court considered whether the time, expense, prejudice and volume of documents contained in months of private electronic messages between alleged spouses ought to be produced to determine if the plaintiff’s action was properly commenced pursuant to the Family Law […]
January 24, 2024
By Elizabeth Branopolski In Bustin v. Quaranto, 2023 ONSC 5732, Vince Quaranto (“the defendant”) brought a motion to strike a claim brought by a bystander alleging personal injuries arising from witnessing a motor vehicle accident. The court determined the plaintiff alleged sufficient material facts in his claim to establish a duty of care, refusing to […]