March 31, 2021
By Meryl Rodrigues At this point, over a year later, it is trite to say that the COVID-19 pandemic has given rise to various changes (and challenges) in the civil legal landscape. From procedural overhauls to substantive legal issues, COVID-19 appears to be an ever-present factor arising in one aspect or another in virtually all […]
March 30, 2021
By Jocelyn-Rose Brogan There are dangers in everyday life, but people do not need to be warned of all dangers. For instance, people do not need to be warned that jaywalking in rush hour traffic is dangerous. In occupiers’ liability claims, defendants should consider whether an alleged danger is an obvious one, in which case […]
March 29, 2021
Spring is here, which means it’s time for the Spring 2021 edition of our newsletter, In|Sight! We hope you find the following topics to be of interest: Is There a Duty to Warn of Obvious Dangers? How Technology Can Outpace Law Reform Amendments to Occupiers’ Liability Act: Reasonable Excuse and Prejudice The COVID Legal Landscape […]
March 26, 2021
At our weekly meeting, Chris MacDonald discussed a recent decision by the Court of Appeal in Malik v. Nikbakht, 2021 ONCA 176. In this decision, the Court of Appeal considered an appeal brought by the plaintiff, Sarfraz Malik. Mr. Malik appealed a lower court decision where the court held that he was statute barred by […]
March 25, 2021
The court’s decision in Poirier v. Logan, 2021 ONSC 1633, demonstrates the importance of promptly disclosing partial settlement agreements that change the adversarial orientation of the proceeding. The plaintiff sued several parties. In October 2019, the plaintiff and one of the defendants entered into a settlement agreement wherein the action would be dismissed against that defendant […]
March 24, 2021
By Matthew Umbrio The doctrine of abuse of process engages the inherent power of the court to prevent the misuse of its procedure in a way that would be manifestly unfair to a party or would bring the administration of justice into disrepute. This doctrine was recently considered in Urban Mechanical Contracting Ltd. v. Broccolini […]
