June 23, 2021
The court has discretion to order an examination for discovery of a non-party. Before such an order is granted, the court must be satisfied that: the moving party has been unable to obtain the information from other people whom the moving party is entitled to examine for discovery, or from the person the moving party seeks […]
June 22, 2021
In Tataryn v. AXA Insurance Canada, 2021 ONCA 413, the plaintiff commenced renovations to the second and third floor of her property while she lived on the first floor. Following the commencement of the renovations, there were two incidents of water damage. The plaintiff sought coverage under her homeowner’s insurance policy. The plaintiff’s insurer made some payments […]
June 21, 2021
In the latest Notice to the Profession and Public from the Ontario Superior Court of Justice, the Court advised that the number of in-person non-jury hearings will increase on June 21, 2021. This will be subject to the discretion of the Regional Senior Justice and the public health situation. Virtual hearings will likely continue alongside […]
June 18, 2021
At our weekly meeting, Athina Ionita discussed the Court of Appeal’s recent decision in Eynon v. Simplicity Air Ltd., 2021 ONCA 409. This was an interesting appeal from a jury award of punitive damages. The Court of Appeal upheld a $150,000 punitive damage award against the appellant, relating to injuries the respondent suffered in the […]
June 17, 2021
In Owsianik v. Equifax Canada Co., 2021 ONSC 4112, a majority of the Divisional Court partially overturned a certification of a class action involving a computer hacking incident. The motion judge had certified a number of causes of action against the defendant, including a claim for intrusion upon seclusion. The Ontario Court of Appeal recognized […]
June 16, 2021
The decision in Cave v. Hovsepyan, 2021 ONSC 4126, addressed procedural issues for a virtual trial. Trial judges have broad discretion to determine the procedure for a trial, but this decision may provide useful guidance for other matters. For example, Justice Sanfilippo indicated that each party shall designate a lead counsel for a stage in […]
