March 31, 2022
In Atsaidis v. Sanford, 2022 ONSC 1690, the defendant raised a limitations defence in a personal injury action arising from an incident in 2013. In November 2020, a trial date of June 2022 was scheduled. Subsequently, in March 2022, the parties, on consent, sought to adjourn the pre-trial conference and the trial, so that the […]
March 30, 2022
By Emily Vereshchak Overview In Horan v. Marlwood Golf and Country Club, 2022 ONSC 1806 (CanLII), the plaintiffs commenced an action against the defendants seeking damages as a result of golf balls that were landing on their property from the defendants’ neighbouring golf course. The plaintiffs then brought a motion seeking an interlocutory injunction against […]
March 29, 2022
A new regulation to amend the Rules of Civil Procedure comes into force on April 23, 2022. The main change is that motion and application confirmation forms will have to be submitted by moving parties and applicants five days prior to the hearing date, instead of three days. If responding parties wish to submit confirmation […]
March 28, 2022
The Ontario Court of Appeal has advised that it will resume hearing appeals and panel motions in person on April 4, 2022. Single motions, purge court, and status court will continue to be heard remotely until further notice. An announcement from the Court of Appeal indicates: “In-person attendance is ordinarily limited to individuals making oral […]
March 25, 2022
At our weekly meeting, Pip Swartz discussed the recent decision of the Divisional Court in Dunbar et al v. Ontario Gaming West GTA Limited Partnership, 2022 ONSC 1096, regarding the applicable rules for a casino game. Summary The underlying action in Dunbar et al v. Ontario Gaming West GTA Limited Partnership arose from a dispute […]
March 24, 2022
The Ontario Superior Court of Justice has issued guidelines on the mode of proceedings, which take effect on April 19, 2022. The guidelines set out the default position of the Court on whether a matter should proceed in person, virtually, or in writing. The following events will proceed virtually (by videoconference or audioconference or teleconference), […]