One of the issues in Dulude v. Lawrence et al., 2022 ONSC 1034, was whether the plaintiff was entitled to obtain production of the complete file of a medical assessment centre, except for draft reports. The defendants arranged with Soma Medical Assessments for the plaintiff to attend three defence medical assessments. The plaintiff did not […]
In Khatatbeh v. Quispe, 2022 ONSC 933, the defendant scheduled a defence medical examination with a psychiatrist. The psychiatrist asked the plaintiff to sign an authorization or release. The plaintiff refused to sign it on the basis that it required her to disclose any medical conditions or medical problems that she has. Justice D.A. Wilson […]
By Emily Vereshchak In Chowdhury v. Her Majesty the Queen in Right of Ontario, 2022 ONSC 991, the plaintiff commenced a civil action in Ottawa against Her Majesty the Queen in Right of Ontario (“Her Majesty”) seeking to invalidate mandatory COVID-19 vaccination laws pursuant to the Charter of Rights and Freedoms (“the Charter”) and the […]
Effective February 22, 2022, parties in the Small Claims Court have to file their hearing materials at least 10 days prior to the hearing, instead of three days, with limited exceptions. The Consolidated Notice to the Profession and Public Regarding the Small Claims Court can be found here.
In Stephens v. Creative Mechanical et al, 2022 ONSC 955, the court considered whether the plaintiffs made “best efforts” to answer undertakings. The case involves the building of a house. The defendants are contractors. The plaintiffs undertook to make best efforts to locate two subcontractors and to provide will-say statements. The attempts made by the plaintiffs to locate […]
At our weekly meeting, Pip Swartz discussed the recent decision in Kifle, et al. v. Penava, et al., 2022 ONSC 552. This decision concerned a motion brought by the plaintiffs to amend the statement of claim to correct a misnomer. The primary plaintiff, Ida Kifle, alleged that she received negligent medical care in 2014. The […]