September 22, 2020
We’re pleased to present the Fall 2020 edition of our newsletter, In|Sight, which covers the follows topics: 1. Additional Insureds: What Does “Arising Out of the Operations” Mean? 2. The Beginning of the End? What Recent Decisions Could Mean for Jury Trials in Ontario 3. UK Test Case on Business Interruption Coverage 4. S.M. v. […]
September 21, 2020
In Sanctuary et al v. Toronto (City) et al, 2020 ONSC 4708, the court outlined the principles applicable to cross-examinations of a deponent of an application or motion. These principles include: The scope of a cross-examination of a deponent for an application or a motion is narrower than an examination for discovery. The questions must be […]
September 18, 2020
At our weekly meeting, Chris MacDonald discussed a decision of the Ontario Court of Appeal, Aviva Canada Inc. v. 1843538 Ontario Inc., 2020 ONCA 581. In this case, the Court considered an appeal by the appellants, 843538 Ontario Inc., c.o.b. Mississauga Collison Centre, and/or McLaren Collison, Fady Rony Warda, Rony Amanuel Warda, (“the Wardas”) of an order of the […]
September 17, 2020
Last week, Alon Barda posted an article on our blog regarding a decision where the court struck a jury notice due to the delay that would be caused by the COVID-19 pandemic. Another decision has been released where the court similarly struck a jury notice. In Louis v. Poitras, 2020 ONSC 5301, Justice Beaudoin stated […]
September 16, 2020
By Emily Vereshchak The Supreme Court of Canada has released two decisions interpreting the test on a motion to dismiss under s. 137.1 of the Courts of Justice Act, known as the anti-SLAPP legislation (strategic lawsuits against public participation). The direction provided by the Supreme Court is likely to change the approach taken by parties […]
September 15, 2020
In Smith v. Kane, 2020 ONSC 4814, Justice Gans stated that there is no obligation on a litigant to make an offer to settle. Justice Gans relied on a previous decision which indicated that it would be “an error in law to deny costs to a successful defendant because of a failure to make a […]
