November 30, 2020
The decision in Ciarlo et al v. Sesula and Rees, 2020 ONSC 7051, indicates that, when a third party defends a main action in which the plaintiff is a minor, court approval of a dismissal of the third party action is required. The third party claim cannot simply be dismissed on consent. Justice Corthorn noted that […]
November 27, 2020
At our weekly meeting, Athina Ionita discussed the court’s decision in Boone v. O’Kelly, 2020 ONSC 6932, which involved a ruling on expert evidence. The court determined that the defence expert’s evidence was not reliable and was, thus, inadmissible. Background The plaintiff suffered injuries during a procedure to remove a heart artery filter. He has […]
November 26, 2020
In a previous blog post, we advised of a notice from the Court of Appeal that it would hear some appeals in person. However, this has changed. In a further notice, the Court of Appeal has stated that it will not conduct in-person appeals until further notice. The Court of Appeal has also indicated that […]
November 25, 2020
By Colleen Mackeigan In Crawford v. Standard Building Contractors Limited, 2020 ONSC 7022, the Ontario Superior Court of Justice exercised its discretion under rule 29.02(1.2) of the Rules of Civil Procedure and denied the defendant leave to add a third party for the reason that doing so would cause prejudice to the plaintiff by delaying […]
November 24, 2020
Andrew Yolles was recently published in a two-part series in The Lawyer’s Daily in an article called “SCC decision roadmap to damages in tort for pure economic loss”. Andrew comments on the Supreme Court of Canada’s decision in 1688782 Ontario Inc. v. Maple Leaf Foods Inc., 2020 SCC 35. Andrew says, “The recoverability in tort of pure […]
November 23, 2020
By Gemma Healy-Murphy I recently attended an interesting and informative program put together by Osgoode Hall Law School titled “The 2020 Legal Guide to Privacy & Information Management in Healthcare”. Below are my key takeaways from the program, including best privacy practises and how to deal with a potential privacy breach in your health care […]
