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 a recent decision of the Ontario Superior Court of Justice. 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 Facts: The plaintiff was riding […]
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 […]
May 10, 2023
By Annie Levanaj The recent decision of the Court in Delanty v. Hogan, 2023 ONSC 2501, demonstrates that parties are expected to move actions forward and respond promptly when dealing with reconsiderations of WSIAT decisions. Background This decision arose from a motor vehicle accident. The plaintiffs were Ms. Delanty, a pedestrian hit by a truck […]
March 24, 2023
At our weekly Friday meeting, Katrina Taibi discussed the recent decision of the Ontario Superior Court in Li v. Barber, 2023 ONSC 1679. Overview: A motion by the plaintiffs to amend the Statement of Claim, and a motion by a group of defendants to strike the Statement of Claim for no cause of action and […]