April 30, 2021
At our weekly meeting, Chris MacDonald discussed a decision by the Court of Appeal in Przyk v. Hamilton Retirement Group Ltd. (The Court at Rushdale), 2021 ONCA 267. The Court considered an appeal from the costs ruling of the trial judge brought by the defendant, Hamilton Retirement Group Ltd. (referred to as “Rushdale”), in which […]
April 29, 2021
Most Small Claims Court hearings were previously adjourned to May 3, 2021 due to the COVID-19 pandemic. In a notice issued yesterday, the Court advised that the adjournment is extended to June 1, 2021, or to such other date as determined by the Court. This applies to: matters that, as of March 13, 2020, were […]
April 28, 2021
By Andrew Yolles The Ontario Superior Court recently released joint decisions in Mallette v. Bank of Montreal, 2021 ONSC 2924, and Bannister v. Canadian Imperial Bank of Commerce, 2021 ONSC 2927, approving the settlement of both class actions arising from a data breach that occurred at BMO and CIBC in May of 2018. Background On […]
April 27, 2021
Lawyers frequently swear affidavits in support of motions. A recent court decision cautions that a lawyer’s personal beliefs or opinions do not belong in an affidavit. In Rochon v. Commonwell Mutual Insurance Group, 2021 ONSC 2880, the plaintiff sought to amend the statement of claim. In an affidavit, defence counsel stated that he “verily believes” that the […]
April 26, 2021
When surveillance videos are produced by a defendant to a plaintiff, a question sometimes arises whether the reports and notes of the investigators also need to be produced. In Rumney v. Nelson, 2021 ONSC 2493, Justice Fowler Byrne held that the investigators’ reports and notes do not have to be produced. Privilege over these documents is […]
April 23, 2021
At our weekly meeting, Athina Ionita discussed the recent decision of Master Robinson in Maier v. Cedarbuilt Project Management Ltd., 2021 ONSC 2894, regarding a motion brought by the plaintiff for an extension of the deadline to set the matter down for trial. Introduction The plaintiff moved for a status hearing pursuant to Rule 48.14(5), […]
