April 21, 2020
In a Notice of the Profession released yesterday, the Ontario Superior Court of Justice announced that it will not be hearing any civil jury trials until September 2020 at the earliest. The Court will provide a further update in early May. Each region of the Court will consider how it can best reschedule civil jury […]
April 21, 2020
Statutory accident benefits disputes that were commenced at the Financial Services Commission of Ontario (“FSCO”) will be extinguished on July 1, 2020. This applies to mediations, arbitrations, appeals, and applications for a variation or revocation of an order. If, on July 1, 2020, an order has yet to be issued in a FSCO arbitration, either party […]
April 20, 2020
In Van Huizen v. Trisura Guarantee Insurance Company, 2020 ONCA 222, the Ontario Court of Appeal stated that, although the words “insurance policy” and “insurance contract” are often used interchangeably, there are important distinctions, and conflating the two can cause considerable confusion. No legal obligations are created by the mere existence of a written insurance […]
April 17, 2020
At this morning’s muffin meeting by videoconference, we discussed a decision regarding the limitation period for third party claims and a decision involving approval of the discontinuance of a class action. Third Party Claim Commenced Too Late Ankita Abraham addressed the case of London Transit Commission v. Eaton Industries (Canada) Company, 2020 ONSC 1413, a […]
April 16, 2020
By Brian Sunohara In a decision released by the Ontario Court of Appeal today, one of the issues was the quantum of damages available to a plaintiff when there is a breach of the Canadian Charter of Rights and Freedoms. The decision shows that damages are usually minimal. Background In Stewart v. Toronto (Police Services […]
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 […]
