June 12, 2024
By Jennifer Singh The Appeal in Legault v. TD General Insurance Company, 2024 ONCA 439, arose from a trial decision dismissing an action brought by Shelley Legault against TD Insurance Company (“TD”) relating to TD’s denial of Ms. Legault’s claim under her homeowner’s insurance policy following a fire at her home. The appeal was dismissed […]
June 05, 2024
By Jordan Petruska In Zaza v. Toronto, 2024 ONSC 2931, the defendant, Beasley Enterprises Limited was ordered to pay costs to the co-defendant, The City of Toronto for keeping them in the action and failing to conform to the defence and indemnity provisions of their licence agreement. Background This action arose from a plaintiff injuring […]
July 14, 2023
At our weekly meeting, Emmanuel Couture-Tremblay discussed the recent decision of the Ontario Superior Court of Justice in Co-operators General Insurance v. Doobay, 2023 ONSC 4075. Overview This costs hearing followed an action that involved two claims, one where the insurer claimed the return of benefits paid, plus damages, and one where the insured claimed […]
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 […]