January 31, 2022
Brian Sunohara has written an article on amendments to the Rules of Civil Procedure, which will be in effect on March 31, 2022. The amendments include: Each party must serve and file a certificate of readiness regarding expert reports at least 30 days prior to the pre-trial conference. Parties can consent to extend the time […]
January 30, 2022
By Kayley Richardson In Hemlow Estate v. Co-operators General Insurance Company, 2021 ONCA 908, the Ontario Court of Appeal dismissed an insurer’s appeal of a coverage application decision, in which the application judge had held that the insurer had a duty to defend the insured. Background Mr. Hemlow had been a sole proprietor who carried […]
January 29, 2022
At our weekly firm meeting, Michael Kryworuk discussed the recent decision of the Court of Appeal in Tallman Truck Centre Limited v. K.S.P. Holdings Inc., 2022 ONCA 66. This matter involved an appeal of a successful motion to stay the plaintiff’s action that had been brought by one of the defendants, K.S.P. Holdings (“KSP”). History […]
January 20, 2022
The Ontario Superior Court of Justice released an updated Notice to Profession and Public Regarding Court Proceedings yesterday, which is in effect until February 28, 2022, subject to further direction of the Court. Juries will not be selected until February 28, 2022. All civil matters will proceed virtually, but, where necessary, the Court may schedule […]
January 19, 2022
By Kathryn Orydzuk In Sanson v. Paterson/Security National Insurance Company, 2022 ONSC 276, the plaintiff brought a motion to strike the defendant’s jury notice on a conditional basis. The matter was scheduled to proceed to trial on January 17, 2022. Overview The decision of Justice Dow, released on January 12, 2022, engages in a review […]
January 18, 2022
In Branton et al v. 2008422 Ontario Ltd. c.o.b. as Euro-Ex, 2021 ONSC 7548, the defendant brought a summary judgment motion in an occupiers’ liability claim. The plaintiffs brought a cross-motion seeking a finding of liability against the defendant. The defendant was engaged in road construction work on the street where the plaintiffs lived. At the time […]