September 22, 2021
Once a court has rendered a decision, parties are generally not permitted to make further arguments. However, in Leroux v. Ontario, 2021 ONSC 4468, the Divisional Court permitted further arguments after it had released its decision, but before an order had been issued and entered. After the Divisional Court provided its decision, the Court of […]
September 21, 2021
The time to commence an appeal generally starts when the reasons for the decision are released (either orally or in writing), not from the date that the judgment is settled and issued. However, as indicated in the recent Court of Appeal decision of Gefen v. Gaertner, 2021 ONCA 631, this general rule can be displaced […]
September 20, 2021
By Brian Sunohara The decision in Estate of Kareem Watson et al v. RBC, 2021 ONSC 5305, addresses some of the evidence that may be required when an insurer attempts to rely on a material misrepresentation as a basis for voiding an insurance policy. Watson and Doucette were common law partners. They went to an RBC […]
September 17, 2021
At our weekly firm meeting, Michael Kryworuk discussed the decision of Ramnarine v. Marino, 2021 ONSC 5935, which we addressed on our blog yesterday. The decision shows that the court may dispense with service of a document where there is evidence of extensive unsuccessful efforts to personally serve the document.
September 16, 2021
In Ramnarine v. Marino, 2021 ONSC 5935, the plaintiffs brought a motion for substituted service of a statement of claim. The plaintiffs provided evidence of extensive efforts to locate the defendant. The plaintiffs sought to serve the defendant at his address contained in the Ministry of Transportation database. However, a process server had already attempted to […]
September 15, 2021
By Suganiya Sivabalan The recent License Appeal Tribunal decision in Amoh v. Pembridge Insurance, 2021 ONLAT 20-001280/AABS, addresses the issue of whether an applicant is barred from commencing a proceeding against the respondent when the applicant fails to comply with section 44 of the Statutory Accident Benefits Schedule (“SABS”) by not attending insurer’s examinations (“IE’s”). […]
