July 30, 2021
At our weekly meeting, Chris MacDonald discussed the recent Superior Court decision in Letchumanan v Jeyaseelan et al., 2021 ONSC 5253. In this decision, the defendant brought a motion to compel the plaintiff to attend a defence psychiatric evaluation in September 2021. History of the Litigation This action arose as a result of a car […]
July 29, 2021
The Small Claims Court previously adjourned hearings to August 3, 2021. In a notice issued yesterday, the Court advised that the period of adjournment is now extended to September 1, 2021, or to such other date as determined by the Court. This applies to all Small Claims Court proceedings that: (a) were, as of March […]
July 28, 2021
By Chris MacDonald In 2018, a new tort of public disclosure of private information was recognized by the Ontario Superior Court in Jane Doe 72511 v N.M., 2018 ONSC 6607. In this decision, the defendant was found liable for uploading an intimate video of the plaintiff on an explicit website without the plaintiff’s knowledge or […]
July 27, 2021
There is sometimes confusion over which court to appeal to, and the Courts of Justice Act and the Rules of Civil Procedure need to be closely examined. In Pullano v. Hinder, 2021 ONSC 4714, the Divisional Court addressed the appeal route for a claim that is dismissed. The plaintiff sued for battery. The jury determined […]
July 26, 2021
In Welch v. Quast, 2021 ONSC 5083, Justice Tranquilli allowed an appeal of a Small Claims Court judgment that awarded the plaintiff damages for defamation. The purported defamatory statements were contained in e-mails the defendant sent in February 2016. The plaintiff amended his claim to plead defamation in March 2019. The plaintiff provided no evidence […]
July 23, 2021
At our weekly meeting, Chris MacDonald discussed the recent Superior Court decision in Fernandez v. Toronto (City of), 2021 ONSC 5106. In this decision, Justice Perell considered a summary judgment motion brought by the defendants to dismiss the plaintiff’s action. Facts On the morning of December 11, 2014, after a night of heavy snowfall, the […]
