July 31, 2020
Our newest articling, Angeline Bellehumeur, discussed a very interesting court decision at our weekly meeting this morning. The issue in Thomson v. Watson, 2020 ONSC 4409, was whether a worker who is involved in an accident outside of Ontario and elects to receive workers’ compensation benefits outside of Ontario, can proceed with a tort action […]
July 30, 2020
Chief Justice Morawetz has announced in a memorandum that the Ontario Superior Court of Justice will be implementing CaseLines, which is a cloud-based document sharing and storage e-hearing platform for remote and in-person court proceedings. Court documents will continue to be filed with the court office. However, parties will now also upload court documents to […]
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 28, 2020
In a Notice to the Profession for the Central-East Region that was released yesterday, it was announced that the civil (non-family) trial sittings scheduled to commence on November 16, 2020 are cancelled. This means that there will be no civil jury trials in the Central-East Region this fall. The Notice indicates that it is uncertain whether […]
July 27, 2020
The doctrine of misnomer is quite broad. In the recent decision of Scace v. Withers et al., 2020 ONSC 90, the plaintiff knew the name of a home renovation contactor that he alleged to be negligent, but named the contractor in the statement of claim as a pseudonym, “XYZ Contractor”. The court permitted the plaintiff […]
July 24, 2020
This morning, at our weekly firm meeting, Matthew Umbrio addressed the Ontario Licence Appeal Tribunal decision of J.A. v. Intact Insurance Company, 2020 ONLAT 19-005110/AABS. The applicant was injured in an automobile accident on April 3, 2016 and sought benefits under the Statutory Accident Benefits Schedule (the “Schedule”). Intact denied the applicant’s claim for two […]
