November 22, 2021
The Notice to the Profession for Toronto was amended effective November 19, 2021 to provide for a new Case Conference Request form. This form replaces the Chambers Appointment Hearing Request form. There is also a new email address to submit Case Conference Request forms: TorontoCaseConferenceAppointments@Ontario.ca. Rule 50.13 addresses case conferences. Under rule 50.13(5), at a […]
November 19, 2021
At our weekly meeting, Michael Kryworuk discussed the Supreme Court of Canada’s decision in Trial Lawyers Association of British Columbia v. Royal & Sun Alliance Insurance Company of Canada, 2021 SCC 47. This decision addressed the issue of promissory estoppel in the context of insurance coverage disputes. History of the Litigation In May 2006, there […]
November 18, 2021
In Corkett v. Ginn, 2021 ONSC 7434, the court dismissed the plaintiff’s motion to strike a jury notice in an action commenced in the Central East Region. One of the reasons for dismissing the motion was that the plaintiff did not move the action forward expeditiously. There was an unexplained gap between filing the trial […]
November 17, 2021
By Natalia Sheikh Introduction In the recent Supreme Court of Canada decision in Nelson (City) v. Marchi, 2021 SCC 41, the Court develops a four-factor test for determining whether a decision of a government entity is a “core policy decision” that is immune from liability in tort. This decision is of particular importance to municipalities […]
November 16, 2021
The court recently dismissed an action against a municipality due to insufficient notice. Under section 44 of the Municipal Act, 2001, when a person is injured due to an alleged improper state of repair of a municipal highway or sidewalk, the injured person must provide, within 10 days, written notice of the claim and the injury […]
November 15, 2021
By Kayley Richardson In Sterling v. Heartland Farm Mutual Inc., 2021 ONLAT 20-000672/AABS-R,[1] Adjudicator Boyce dismissed the insurer’s request for reconsideration and upheld his preliminary issue decision that the applicant was involved in an “accident” pursuant to the Statutory Accident Benefits Schedule O. Reg. 34/10 (the “SABS”). Background On February 13, 2019, the applicant lifted […]
