Pleadings – Rogers Partners LLP

A Helpful Reminder about Pleadings

rpllpadmin — Wed, 08 May 2024 20:47:08 +0000

By Antoinette Monardo In Rivard v. Kingston Police, 2023 ONSC 6627, the Divisional Court simultaneously grappled with a motion to strike out an amended statement of claim, and a cross-motion for leave to amend the amended claim. Context On September 7, 2018, the plaintiff (respondent on appeal) was involved in an altercation with Kingston Police […]

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Fridays with Rogers Partners

rpllpadmin — Fri, 24 Mar 2023 21:49:00 +0000

At our weekly Friday meeting, Katrina Taibi discussed the recent decision of the Ontario Superior Court in Li v. Barber, 2023 ONSC 1679. Overview: A motion by the plaintiffs to amend the Statement of Claim, and a motion by a group of defendants to strike the Statement of Claim for no cause of action and […]

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Amendments to Claim Denied Where Leave Sought Too Close to Trial

rpllpadmin — Wed, 08 Dec 2021 23:17:58 +0000

By Athina Ionita In Falsetto v. Falsetto et al., 2021 ONSC 7964, the plaintiff sought leave to amend the statement of claim. The defendants opposed the plaintiff’s proposed amendments, arguing that the plaintiff was seeking to add new causes of action outside the limitation period, and that the motion would disrupt the litigation timetable and […]

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When is “The Close of Pleadings”?

rpllpadmin — Wed, 10 Nov 2021 19:43:15 +0000

By Meryl Rodrigues In a recent Court of Appeal decision, the Court clarifies what constitutes “the close of pleadings” in an action. The appeal in Kawaguchi v. Kawa Investments Inc.[1] arose from a motion wherein the motion judge prevented the plaintiffs/appellants from discontinuing their action against the respondents (three of a number of defendants), and […]

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The Importance of Clarity in Pleadings

rpllpadmin — Wed, 05 May 2021 21:13:24 +0000

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 […]

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Allegations of Personal Liability of Employees

rpllpadmin — Mon, 15 Jun 2020 03:22:00 +0000

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 […]

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A Caution on Misnomer

rpllpadmin — Wed, 15 Apr 2020 14:54:19 +0000

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 […]

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When is a Defence to Crossclaim Required?

rpllpadmin — Thu, 13 Feb 2020 03:55:17 +0000

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 […]

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Third Party Claims and Attornment

rpllpadmin — Tue, 01 Oct 2019 09:39:06 +0000

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 […]

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Third Party Claim Against Plaintiffs’ Lawyers Struck

rpllpadmin — Wed, 19 Jun 2019 14:50:59 +0000

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 […]

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