Juries – Rogers Partners LLP

Reasonable Evidence Must be Met Before a Jury Quantifies Special Damages

rpllpadmin — Wed, 14 Feb 2024 19:36:14 +0000

By Jordan Petruska Barry v. Anantharajah, 2024 ONSC 740, arose out of a motor vehicle accident where the plaintiff was hit by a motor vehicle while crossing a crosswalk. The plaintiff made a claim for special damages including loss of income, loss of competitive advantage and loss of earning capacity. Background The plaintiff was 21 […]

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Fridays with Rogers Partners

rpllpadmin — Fri, 18 Mar 2022 21:32:00 +0000

At our weekly meeting, Annie Levanaj discussed the recent decision on the Court of Appeal in Hunter v. King 2022 ONCA 190. This decision arose from a motor vehicle accident that occurred on March 14, 2012. The plaintiff, Andrew Hunter, was struck from behind by the defendant, Elvira King’s vehicle while stopped at a red […]

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Plaintiff Successful in Striking Out Jury Notice on a Conditional Basis

rpllpadmin — Wed, 19 Jan 2022 17:28:19 +0000

By Kathryn Orydzuk In Sanson v. Paterson/Security National Insurance Company, 2022 ONSC 276, the plaintiff brought a motion to strike the defendant’s jury notice on a conditional basis. The matter was scheduled to proceed to trial on January 17, 2022. Overview The decision of Justice Dow, released on January 12, 2022, engages in a review […]

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A Cautionary Tale: The Consequences of Eliciting Previously Undisclosed Opinions from Participant Experts

rpllpadmin — Thu, 25 Nov 2021 00:47:59 +0000

By Suganiya Sivabalan In its recent decision in St. Marthe v. O’Connor, 2021 ONCA 790, the Ontario Court of Appeal provided guidance on the boundaries of appropriate expert evidence at trial, particularly evidence from participant experts. Background The plaintiff in this action was injured in a motor vehicle accident in November of 2011, in which […]

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Evidence of Delay is Required on Motions to Strike Jury Notices

rpllpadmin — Wed, 20 Oct 2021 10:21:55 +0000

By Erin Crochetière Motions to strike Jury Notices due to the alleged delay associated with Jury trials during the pandemic have become common place. In some cases, the Court has struck Jury Notices where there was evidence that the trial could proceed much sooner without a Jury.[1] Generally, the decision to strike a Jury Notice […]

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Jury Notice Struck After Transfer to Simplified Procedure

rpllpadmin — Thu, 18 Mar 2021 08:48:25 +0000

By Jocelyn-Rose Brogan The simplified procedure under Rule 76 of the Rules of Civil Procedure offers a method of proceeding with actions seeking monetary damages (or real or personal property with a fair market value) of $200,000 or less, that aims to simplify, speed up, and reduce the cost of trial. Rule 76 was amended […]

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