May 05, 2021
By Athina Ionita Andrin Hillsborough Limited v. Eliaszadeh, 2021 ONSC 3229, provides a helpful discussion on pleading bad faith, and the importance of pleading with sufficient clarity. Background This decision relates to the defendants’ motion for leave to amend their Statement of Defence, and to add a Counterclaim. The plaintiff opposed the motion, and also […]
June 15, 2020
The Court of Appeal’s decision in Burns v. RBC Life Insurance Company, 2020 ONCA 347, dealt with a motion decision to strike a statement of claim against two employees of the defendant insurer for disclosing no reasonable cause of action. The plaintiff sued RBC Life in a disability benefits claim. She also sued two RBC […]
April 15, 2020
By Meryl Rodrigues The doctrine of misnomer seems, more often than not, to be quite generously applied to permit litigants to add (or, more accurately, “substitute”) parties to an action, generally well after the expiry of the presumptive two year limitation period. The doctrine permits the amendment of a pleading to reflect that a person […]
February 13, 2020
As a reminder to defence counsel, a crossclaim by a co-defendant needs to be examined to determine whether a defence to crossclaim is required. Unless the crossclaim is only for contribution and indemnity under the Negligence Act, a defence to crossclaim should be entered. In the personal injury realm, co-defendants sometimes seek damages for breach […]
October 01, 2019
The Court of Appeal’s decision in Lilydale Cooperative Limited v. Meyn Canada Inc., 2019 ONCA 761, describes what a defendant should do if it has a viable third party claim for contribution and indemnity, but wants to challenge whether Ontario is the appropriate forum for the main action. When faced with a limitation period, the […]
June 19, 2019
Can a defendant commence a third party claim against a plaintiff’s lawyer for failing to preserve evidence? In most cases, the answer is no, according to the Court of Appeal. In Hengeveld v. The Personal Insurance Company, the plaintiffs sued their insurer for failing to preserve their vehicle following a motor vehicle accident. The insurer […]
