April 13, 2021
In Joseph v. Coxall-Mejia et al, 2021 ONSC 2508, the court granted summary judgment to the owner of an automobile and the owner’s insurer because the defendant driver did not have consent to possess the automobile. The driver was the son of the owner. The plaintiff went to visit the son. The son asked his mother […]
March 15, 2021
In Malik v. Attia, 2020 ONCA 787, the Court of Appeal provided directions on the factors to consider when determining whether a motion for partial summary judgment should proceed. The Court of Appeal indicated that the risk of inconsistent findings is only one factor. The court must determine whether partial summary judgment will achieve the […]
February 16, 2021
The case of Taiga Building Products Ltd. v. Classic Fire Protection Inc., 2021 ONSC 676, addresses the type of knowledge required to start the limitations clock. On January 11, 2014, a sprinkler system inside the plaintiff’s business premises ruptured and caused a flood. Slightly more than two years later, on February 12, 2016, the plaintiff sued […]
November 02, 2020
The Lawyer’s Daily has published an article by Stephen Ross and Gemma Healy-Murphy called “Summary judgment post COVID-19”. Stephen and Gemma indicate: Over the past few months, we have seen the judiciary quickly and creatively respond to the challenges imposed by the COVID-19 pandemic. In this way, we have seen the makings of the culture […]
August 28, 2020
At our weekly firm meeting, Chris MacDonald presented the case of Lamb v. Co-Operators General Insurance Co., 2020 ONSC 4955. This case concerned a motion brought by Co-Operators for summary judgment involving an unidentified vehicle claim by the plaintiff, Lamb. The court considered whether there was a triable issue on whether the plaintiff took reasonable […]
July 29, 2020
Certain principles on the conduct of summary judgment motions emerge from the court’s recent decision in Meagher v. Hooper-Holmes Canada Limited, 2020 ONSC 4480. The plaintiffs commenced a medical malpractice claim. The defendants brought a summary judgment motion, which was first scheduled to be heard in January 2019. The plaintiffs sought an adjournment indicating that they […]
