October 24, 2019
The Ontario government has announced that, effective January 1, 2020, the monetary limit of the Small Claims Court will increase from $25,000 to $35,000. The government believes that wait times in the Superior Court of Justice will be reduced, as many civil cases that would have started in Superior Court will now go to Small […]
October 23, 2019
In Doumouras v. Chander, 2019 ONSC 6056, the court outlined the five requirements for a claim for negligent misrepresentation: there must be a duty of care based on a “special relationship” between the representor and the representee; the representation in question must be untrue, inaccurate, or misleading; the representor must have acted negligently in making […]
October 22, 2019
In Bancroft-Snell v. Visa Canada Corporation, 2019 ONCA 822, a five-member panel of the Court of Appeal confirmed that an individual member of a class action does not have the right to challenge settlement approval orders by way of appeal. The Court of Appeal stated that class members who do not choose to opt out […]
October 21, 2019
By Brian Sunohara In Paddy-Cannon et al v. Attorney General of Canada et al, 2019 ONSC 5665, the court went over the differences between credibility and reliability. A credible witness may not be a reliable witness. Credibility has to do with a witness’s veracity. Reliability has to do with the accuracy of the witness’s testimony. […]
October 18, 2019
At our weekly firm meeting, Ankita Abraham discussed a decision in which a psychologist was not qualified as an expert witness because he lacked independence and objectivity. In Barker v. Barker, 2019 ONSC 5906, the plaintiffs sued a mental health centre. They alleged that they were experimented on and harmed by programs and treatment at the […]
October 17, 2019
Brian Sunohara and Colleen Mackeigan were recently successful in a hearing before the Workplace Safety Insurance and Appeals Tribunal (Decision No. 1709/19). The claim arose out of an accident involving a car and a truck. Both drivers were working at the time of the accident. Our clients argued that the plaintiff’s claim was barred under the […]
