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 […]
July 10, 2020
At our weekly firm meeting, Matthew Umbrio addressed the Ontario Superior Court decision’s in Moxam v. Anderson, 2020 ONSC 4173. This action arose from two motor vehicle accidents. The first occurred on April 12, 2012, and the second on March 27, 2013. The plaintiff, Moxam, was a passenger in each of the subject accidents. With […]
July 09, 2020
Stephen Ross and Gemma Healy-Murphy have written a thought-provoking article entitled “Access to Justice & Summary Judgment Post-Pandemic: A ‘Culture Shift’ – At Long Last?” In the article, Stephen and Gemma say: “The wheels of justice move slowly and it is only now, over six (6) years later, and in response to a worldwide pandemic, […]
May 22, 2020
At our weekly meeting this morning, Ankita Abraham discussed the case of Deschenes v. Lalonde, 2020 ONCA 304, an appeal from a judgment rescinding and setting aside a settlement agreement. The plaintiff sued a priest who allegedly sexually assaulted her in the early 1970s. The plaintiff also sued the Roman Catholic Episcopal Corporation of the Diocese […]
March 18, 2020
By Colleen Mackeigan The Court of Appeal’s decision in 2099082 Ontario Limited v. Varcon Construction Company, 2020 ONCA 202, shows that summary judgment can be granted in cases involving complex factual and contractual issues and disputed expert evidence. The decision serves as an excellent example of what the Supreme Court of Canada had in mind […]
