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 […]
September 23, 2022
At our weekly firm meeting, we discussed the case of Bouzanis v. Greenwood et al, 2022 ONSC 5262. The decision involves a motion by the defendants to enforce a settlement. The plaintiff’s lawyer e-mailed the defendants’ lawyer indicating that the plaintiff was offering to settle the litigation on the basis of a dismissal without costs. […]
September 21, 2022
By: Michael C. Brown In a previous RP Blog post, we discussed the Ontario Court of Appeal decision in Mugizi v. Ngo, 2022 ONCA 595, but we wish to expand on that post given the importance of the message it carries from the Court. Litigating in a post-COVID-19 era has proven to be a difficult transition […]
