February 04, 2022
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[1] (the “Rules”). The action arose […]
February 02, 2022
By Meryl Rodrigues While civil case conferences may seem a relatively quick and less formal way to secure judicial intervention to assist in moving a case forward, particularly at a time of notable court delays and backlog, a recent endorsement from the Superior Court of Justice suggests that counsel ought to be discerning and cautious […]
January 29, 2022
At our weekly firm meeting, Michael Kryworuk discussed the recent decision of the Court of Appeal in Tallman Truck Centre Limited v. K.S.P. Holdings Inc., 2022 ONCA 66. This matter involved an appeal of a successful motion to stay the plaintiff’s action that had been brought by one of the defendants, K.S.P. Holdings (“KSP”). History […]
January 19, 2022
By Kathryn Orydzuk In Sanson v. Paterson/Security National Insurance Company, 2022 ONSC 276, the plaintiff brought a motion to strike the defendant’s jury notice on a conditional basis. The matter was scheduled to proceed to trial on January 17, 2022. Overview The decision of Justice Dow, released on January 12, 2022, engages in a review […]
January 13, 2022
By Jennifer Singh In Paterson v. Gilbert, 2021 ONSC 8469, the plaintiff, Steven Paterson, brought a motion to consolidate three purportedly related actions. Justice Marvin Kurz granted the plaintiff’s motion in part. Overview The three actions that the plaintiff sought to consolidate were: The “MVA Action”, Stuart v. Paterson, Intact Insurance Company and Western Assurance Company, wherein the […]
January 04, 2022
In Rocca v. 6131646 Canada Inc., 2021 ONSC 8445, the defendant brought a motion to compel the plaintiff to attend a defence medical examination with a physiatrist. The plaintiff had already attended three defence medical examinations, specifically, by an orthopaedic surgeon, a psychiatrist, and a neurologist. The defendant argued that it required a physiatry expert to […]