July 23, 2020
The Ontario Ministry of the Attorney General has advised that, as part of its COVID-19 Active Screening Protocol, a screening questionnaire must be completed before entering a courthouse. The questionnaire is available on-line, and the results of the questionnaire can be shown on your phone to a designated person at the courthouse entrance. The questionnaire […]
July 22, 2020
By Rebecca Moore In Ontario, the time period for a claimant to commence an action is outlined in the Limitations Act, 2002, (“LA”). The ‘basic limitation period’ is two years from the date on which the claim was discovered. There are, however, exceptions that have been carved out for particular categories of claimants. One such […]
July 21, 2020
By Brian Sunohara In Zaky v. 2285771 Ontario Inc., 2020 ONSC 4380, the plaintiff went to an indoor trampoline and fun park, Sky Zone, in Mississauga, Ontario. While attempting a backflip, he landed hard on his head and sustained a fractured vertebrae in his neck that required surgery. The defendant brought a summary judgment motion seeking […]
July 20, 2020
In Elson v. Polyethics Industries Inc., 2020 ONSC 4335, the defendant corporation refused to provide an affidavit of documents due to the COVID-19 pandemic. The defendant stated that requiring someone to attend at the office would risk spreading COVID-19 and that its CEO, who would be the person responsible for reviewing files and collecting documents, […]
July 17, 2020
At our weekly meeting, Matthew Umbrio addressed the Ontario Court of Appeal decision of Woods v. Jackiewicz, 2020 ONCA 458. The appellant physician appealed from an award of damages against him for negligent management of a twin pregnancy, following a jury trial. He did not challenge the jury finding that he did not meet the […]
July 16, 2020
An article by David Rogers, entitled “COVID-19: Ultimate business interrupter”, was published in The Lawyer’s Daily this week. David says “it is unlikely that COVID-19-related losses would be covered under the business interruption provisions of most all-risks property policies, which require actual property damage”. However, David also notes that policy wording can be unique, and […]
