May 29, 2020
This morning, at our weekly firm meeting, Ankita Abraham discussed the case of Falcon Lumber Limited v. 2480375 Ontario Inc. (GN Mouldings and Doors), 2020 ONCA 310, a decision addressing the fundamental obligation to disclose and produce relevant documents and the principles guiding the exercise of a court’s discretion to strike out a party’s claim […]
May 28, 2020
In the recent decision of Scaffidi-Argentina v. Tega Homes Developments Inc, 2020 ONSC 3232, Justice MacLeod said that “virtual hearings are likely to retain a permanent place in the judicial tool box”. However, His Honour noted there will be difficulties with conducting many trials by videoconference. It is much easier to hear motions and applications […]
May 27, 2020
By Colleen Mackeigan Justice MacLeod in Rabbat et al. v. Nadon et al, 2020 ONSC 2933, confirmed the legitimacy of virtual commissioning of affidavits. In Rabbat, a case conference was held virtually in light of the current suspension of in-court appearances due to COVID-19, to establish a timetable leading up to a necessary motion for […]
May 26, 2020
The recent decision in Stepita v. Dibble, 2020 ONSC 3041, demonstrates the importance of civility in the courtroom. Justice Ferguson stated, “It is expected that parties to litigation will disagree about the issues. It is expected that they will make vigorous, fulsome arguments as to the substance of the matters before the court. It is […]
May 25, 2020
A recent decision of Justice Myers stresses that cooperation between counsel and parties is essential during this period of emergency caused by COVID-19. In Campbell v. 1493951 Ontario Inc., 2020 ONSC 2942, Justice Myers stated, “The court calls on counsel and the parties to recognize the need for and the high value placed on cooperation […]
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 […]
