October 29, 2021
At our weekly meeting, Michael Kryworuk discussed the recent decision in Northbridge General Insurance Company v. Aviva Insurance Company, 2021 ONSC 6873, which concerned an application for equitable contribution between insurers. History of the Litigation The applicant, Northbridge General Insurance Company (“Northbridge”) sought a declaration that the respondent, Aviva Insurance Company (“Aviva”), was required to […]
October 28, 2021
The decision in Worsoff v. MTCC 1168, 2021 ONSC 6493, deals with a dispute over whether examinations for discovery should take place in person or by videoconference. The plaintiff wanted to examine the defendants’ representatives in person. The defendants objected to this and wanted to proceed by videoconference. Justice Myers indicated that the method of […]
October 26, 2021
In administrative tribunal matters, a party generally cannot appeal a preliminary issue when there are other issues to be determined. This principle was noted in the recent decision of the Divisional Court in Millar v. The Cooperators General Insurance Company, 2021 ONSC 6643. The claimant was involved in a motor vehicle accident and sought statutory accident […]
October 25, 2021
The court recently recently released a decision in an interesting defamation action involving comments made on social media. The facts of the decision in Lavallee et al. v. Isak, 2021 ONSC 6661, are as follows: [1] On May 30, 2020, Justine Lavallee, Shania Lavallee, and Gilmour Driscoll-Maurice (Shania’s boyfriend) were play fighting. Shania took a […]
October 22, 2021
At our weekly meeting, Annie Levanaj discussed the recent decision of the Supreme Court of Canada in Nelson (City) v Marchi, 2021 SCC 41, which dealt with the question of when public authorities can be held liable in negligence. Facts This case arose from an incident that took place in the City of Nelson, British […]
October 21, 2021
The Notice to the Profession for Toronto was amended effective October 18, 2021 to indicate that pre-trial conference briefs should only be uploaded to CaseLines, not e-mailed to the trial coordinator’s office or submitted through the court’s online portal. Specifically, paragraph C.3.9 of the Notice states: Briefs, draft reports, and any other documents pursuant to […]
