August 04, 2023
At our weekly meeting, Itai Gibli discussed the recent decision of the Ontario Superior Court of Justice in Alsous v. Shahin, 2023 ONSC 3995. Overview The Court dismissed a motion for an order directing a civil and family proceeding to be consolidated, heard together, or heard sequentially. The Court held that the two proceedings did […]
July 27, 2023
By Jordan Petruska In Tsivaras v. The Cadillac Fairview Corporation, 2023 ONSC 3973, the defendant, Cadillac Fairview Corporation (“Cadillac”), brought a motion to dismiss the action for delay under subrule 24.01(1)(c) of the Rules of Civil Procedure, RRO 1990, Reg 194(“the Rules”). The court did not dismiss the action for delay despite there being a […]
July 20, 2023
By Erin Crochetière The court in Gillespie v. Fraser, 2023 ONSC 4183, dismissed a defendant’s motion to set aside default judgment in circumstances where defence counsel was negligent. The facts of the case are unusual. The plaintiff’s mother was murdered by her father and he was convicted and sentenced to life imprisonment. The plaintiff alleges […]
July 07, 2023
At our weekly meeting, Katrina Taibi discussed the recent decision of the Ontario Superior Court in Ali v. Irfan, 2023 ONSC 3239. Overview: The Court considered whether an action for loss of competitive advantage (“LOCA”) should be dismissed by way of a non-suit motion or by declining to put the question to the jury. Background […]
May 31, 2023
By Michael Kryworuk In Interhealth Canada Limited v. O’Keefe, 2023 ONCA 368, the Ontario Court of Appeal considered an appeal by the plaintiff, Interhealth Canada Limited (“Interhealth”), of a decision by the Ontario Superior Court of Justice. While the case was appealed on both substantive and procedural grounds, this blog post will focus primarily on […]
May 17, 2023
By Kathryn Orydzuk In the recent decision in John Howard Society of Peel-Halton-Dufferin v. Pennock et al, 2023 ONSC 2839, released on May 11, 2023, the Ontario Superior Court of Justice ruled on a motion for default judgment by the plaintiffs, and in the alternative, seeking judgment on the terms of a settlement agreement previously […]
