By Emily Vereshchak In Chowdhury v. Her Majesty the Queen in Right of Ontario, 2022 ONSC 991, the plaintiff commenced a civil action in Ottawa against Her Majesty the Queen in Right of Ontario (“Her Majesty”) seeking to invalidate mandatory COVID-19 vaccination laws pursuant to the Charter of Rights and Freedoms (“the Charter”) and the […]
Effective February 22, 2022, parties in the Small Claims Court have to file their hearing materials at least 10 days prior to the hearing, instead of three days, with limited exceptions. The Consolidated Notice to the Profession and Public Regarding the Small Claims Court can be found here.
In Stephens v. Creative Mechanical et al, 2022 ONSC 955, the court considered whether the plaintiffs made “best efforts” to answer undertakings. The case involves the building of a house. The defendants are contractors. The plaintiffs undertook to make best efforts to locate two subcontractors and to provide will-say statements. The attempts made by the plaintiffs to locate […]
At our weekly meeting, Pip Swartz discussed the recent decision in Kifle, et al. v. Penava, et al., 2022 ONSC 552. This decision concerned a motion brought by the plaintiffs to amend the statement of claim to correct a misnomer. The primary plaintiff, Ida Kifle, alleged that she received negligent medical care in 2014. The […]
In Joseph v. Debs, 2022 ONSC 837, the court declined to order production of the Crown Brief in an ongoing sexual assault prosecution. The plaintiff brought the motion in the context of a civil action alleging libel. The plaintiff claims that the defendant defamed him on Twitter by accusing him of sexually assaulting her when she […]
At our weekly meeting, Annie Levanaj discussed the recent decision in Day v. Adams, 2022 ONSC 610. Overview The defendant brought a motion to dismiss an action for delay on the grounds that the plaintiff failed to serve the Statement of Claim in accordance with the Rules of Civil Procedure (the “Rules”). The action arose […]