This morning, at our first weekly meeting of the year, Athina Ionita discussed the case of Trumble v. Soomal, 2020 ONSC 8097. The court considered whether the plaintiff or the defendant is obligated to pay for medical records in a personal injury action. The plaintiff took the position that she was only required to provide […]
By Matthew Umbrio In December 2020, Justice Nicholson, of the Ontario Superior Court of Justice (“ONSC”), released two decisions, Solanki v. Reilly (“Solanki”) and Smith v. Muir (“Smith”), addressing motions brought by the plaintiffs to strike jury notices in actions commenced in London. Justice Nicholson’s decisions provide common sense solutions to the complications that have […]
As a reminder, several amendments to the Rules of Civil Procedure came into force on January 1, 2021. Please see our previous blog post for a summary.
In a previous blog post, we discussed a decision in which the Divisional Court held that the court has inherent jurisdiction to bifurcate a non-jury case, even when a party does not consent. Last week, the Court of Appeal overturned the decision. In Duggan v. Durham Region Non-Profit Housing Corporation, 2020 ONCA 788, the Court of […]
By Gemma Healy-Murphy A recent decision of Master Jolley in Smith v. Jarnell, 2020 ONSC 6433, serves as an important reminder to counsel of the nature of questions required to establish the relevance of a plaintiff’s social media page in the context of a personal injury action. In Smith, the onus was on the defendant […]
The Ontario Superior Court of Justice advised on Twitter last week that CaseLines will be expanded to the entire province by July 2021. CaseLines is an online document storage platform that allows counsel and parties to upload documents for review by all participants before and during hearings, including motions and pre-trial conferences. In its tweet, […]