December 14, 2022
By Meryl Rodrigues In a recent Costs Endorsement decision in Kesete v. Gaspar[i], the Ontario Superior Court addressed an argument that a plaintiff’s alleged impecuniosity should bar any – or anything more than nominal – costs being awarded to a successful defendant. The decision followed a 14-day jury trial, in which judgment was granted in […]
August 24, 2022
By Erin Crochetière In NDrive, Navigation Systems S.A. v. Zhou[1] the Court of Appeal for Ontario heard an appeal from a decision granting partial summary judgment with respect to the claims against some of the defendants, and dismissing the counterclaim of the same defendants. The appellants, collectively referred to as the “Zhou parties,” operated a […]
June 08, 2022
By Erin Crochetière The Ontario Court of Appeal heard the appeal in Pullano v. Hinder, 2022 ONCA 418 regarding an action for battery, and counter-claim in defamation. The plaintiff, Mr. Pullano, was punched in the chest by the defendant, Mr. Hinder. Mr. Hinder’ s employer was also named in the action, and was alleged to […]
August 20, 2021
At our weekly meeting, Annie Levanaj discussed the recent decision of the Ontario Superior Court of Justice in Skoblenick v Aviva General Insurance Company, 2021 ONSC 5340. This decision concerned motions brought by both parties for directions and costs regarding repeatedly adjourned examinations for discovery. History of the Litigation This action arose from a fire […]
July 16, 2021
At our weekly meeting, Chris MacDonald discussed a costs decision by the Superior Court in Gallo v 1884735 Ontario Inc., 2021 ONSC 4895. Facts The plaintiffs sought two million dollars in damages for demolition and construction costs of a partially constructed home that was left unprotected and damaged by weather. The plaintiffs were successful at trial […]
June 11, 2021
At our weekly meeting, Chris MacDonald discussed the decision of Heffernan v. John H. Keiffer Professional Corporation, 2020 ONSC 4174. In this case, Justice Daley provided his reasons for awarding costs to the defendants after the self-represented plaintiff’s action was dismissed for delay. In his reasons, His Honour grappled with the question of at what […]
