July 22, 2021
In Schram v. Loughrey, 2021 ONSC 5018, defence counsel inadvertently did not file a jury notice, contrary to the defendant’s insurer’s litigation guidelines. The statement of defence was delivered on June 28, 2018. The oversight was discovered on or around September 25, 2018. Due to a “miscommunication” within the client’s reporting software, instructions were not […]
July 21, 2021
By Athina Ionita In Fratarcangeli v. North Blenheim Mutual Insurance Company, 2021 ONSC 3997, the Divisional Court held that the Licence Appeal Tribunal (the “LAT”) has the power, under section 7 of the Licence Appeal Tribunal Act (the “LAT Act”), to extend the two-year limitation period under section 56 of the Statutory Accident Benefits Schedule […]
July 20, 2021
In Duboff v. Simpson, 2021 ONSC 4970, following a couple’s separation, the court was asked to resolve a dispute over ownership of a dog. The applicant and the respondent are both lawyers. The applicant had always wanted a rescue dog and eventually found a boxer. The respondent was working 12 hours per day and made […]
July 19, 2021
In Chandrababu v. Tharmalingham, 2021 ONSC 4885, the court ordered the plaintiffs the attend defence medical examinations even though the trial was less than three months away. The reason was that the plaintiffs had recently served several expert reports and had recently provided the records of a treating psychiatrist. One plaintiff had already attended a defence physiatry examination, while […]
July 16, 2021
At our weekly meeting, Chris MacDonald discussed a costs decision by the Superior Court in Gallo v 1884735 Ontario Inc., 2021 ONSC 4895. Facts The plaintiffs sought two million dollars in damages for demolition and construction costs of a partially constructed home that was left unprotected and damaged by weather. The plaintiffs were successful at trial […]
July 15, 2021
An examining party has a prima facie right to select the corporate officer, director, or employee to be examined for discovery, and the court will not lightly interfere with the selection. The onus is on the corporation to show that the person selected is inappropriate. In Mohotoo v. Humber River Hospital, 2021 ONSC 4894, the plaintiff wanted […]
