December 21, 2022
By Michael Brown While COVID-19 continues to rear its head in the Ontario court system, there have been some teachable moments arising from the pandemic and the litigation resulting from it. Recently, the Ontario Court of Appeal considered the suitability of a commonly utilized pre-trial procedure, a request to admit, being used in an untraditional […]
November 08, 2022
In Sutherland Estate v. London Health Sciences Centre, 2022 ONSC 5942, the plaintiffs sought to amend the Statement of Claim to limit the claim to $200,000 and to continue the action under the Simplified Procedure. The defendants opposed the amendment. A patient sustained injuries while at a hospital. Over five years later, the patient died […]
October 27, 2022
Rule 29.2.03 of the Rules of Civil Procedure is sometimes overlooked when counsel conduct discoveries and make production requests. This rule was recently considered in Gurprasad v. Kim, 2022 ONSC 5753. The rule states: 29.2.03 (1) In making a determination as to whether a party or other person must answer a question or produce a […]
October 20, 2022
In a previous blog post, we discussed the Court of Appeal’s decision in Tallman Truck Centre Limited v. K.S.P. Holdings Inc., 2022 ONCA 66. The Court of Appeal upheld the stay of an action due to the failure to immediately disclose a partial settlement agreement. The Supreme Court of Canada denied leave to appeal today. […]
October 12, 2022
By J. Nicholas Fernandes The basic tenet of Rule 7.08 of the Rules of Civil Procedure is that any settlement of a claim by or against a person under disability, including minors, requires Court approval. On a motion (or application, if settlement occurs prior to a lawsuit being commenced) to obtain such approval, the party under […]
September 26, 2022
In Kromah, et al. v. Lepore, et al., 2022 ONSC 4830, the plaintiffs sought to conditionally strike a jury notice in a civil action commenced in London, Ontario. The trial was scheduled to commence in September 2022. Justice Nicholson recognized the backlog of criminal and family matters in all regions, which take precedence over civil […]
