September 30, 2021
By Sharon Lam Yiu, Law Clerk Orange Shirt Day began when author, Phyllis Jack Webstad, a Northern Secwepemic from the Stswecem’c Xgat’tem First Nation, shared her experience as a survivor of the St. Joseph Mission Residential School, near Williams Lake, British Columbia. Phyllis Jack Webstad recalled that on her first day of residential school […]
September 29, 2021
By Athina Ionita In Johnson v. Ontario, 2021 ONCA 650, the Court of Appeal determined that a decision refusing to extend the deadline for opting out of a class action affects a substantive right, and is therefore a final order, as it disposed of the plaintiff’s ability to continue his civil action. Facts An inmate, […]
September 28, 2021
In October 2020, the Class Proceedings Act, 1992 was amended to provide for an early resolution of issues. Section 4.1 of the Act states: 4.1 If, before the hearing of the motion for certification, a motion is made under the rules of court that may dispose of the proceeding in whole or in part, or narrow […]
September 27, 2021
One of the issues addressed in the recent decision of Paterson v. HMQ Ontario, 2021 ONSC 6295, is the overarching importance of civility between counsel. Justice Di Luca said that this may be even more important at discoveries since there is no judge in the room. His Honour stated: [47] While “trials are not tea […]
September 24, 2021
At our weekly meeting, Pip Swartz discussed the recent decision in Verhoef v. Intact Insurance Company, 2021 ONSC 4310. This case concerned a motion for summary judgement dismissing an action for unidentified motorist coverage. Facts The plaintiff, Brandin Verhoef, brought an action against the defendant, Intact, for damages arising from a motor vehicle collision he […]
September 23, 2021
In Simplified Procedure actions, a party is limited to conducting three hours of oral examinations, regardless of the number of parties or other persons to be examined. The case of Leask v. Homewood Health Centre Inc., 2021 ONSC 6287, involves a Simplified Procedure action. The defendants permitted the plaintiff’s lawyer to extend the three hour […]
