December 23, 2022
At our weekly Friday meeting, Taya Rosenberg discussed a recent decision on a mid-trial motion for an adjournment of trial to permit the plaintiffs to obtain new expert evidence, in Carter v. Newman, 2022 ONSC 7179. Overview The plaintiffs brought a motion for an order to adjourn the trial and for leave to obtain a new […]
December 21, 2022
By Michael Brown While COVID-19 continues to rear its head in the Ontario court system, there have been some teachable moments arising from the pandemic and the litigation resulting from it. Recently, the Ontario Court of Appeal considered the suitability of a commonly utilized pre-trial procedure, a request to admit, being used in an untraditional […]
December 21, 2022
It’s been a fun day at the office with holiday sweaters and a pizza lunch! After careful deliberations, the Holiday Sweater Committee is pleased to announce that the prize for the best sweater goes to Alejandra Luco! Runner-up prizes are awarded to Jackie Galvin, Sumina Singh, Maryam Lenz, Michael Kryworuk, and Eden Atkins. Happy Holidays […]
December 16, 2022
At our weekly Friday meeting, Nasra Esak discussed the recent Ontario Court of Appeal decision in 2505243 Ontario Limited (ByPeterandPaul.com) v. Princes Gates Hotel Limited Partnership, 2022 ONCA 859. The Court of Appeal upheld a decision of Justice Gilmore in which a commercial landlord was found to have operated in bad faith against a restaurant […]
December 14, 2022
By Meryl Rodrigues In a recent Costs Endorsement decision in Kesete v. Gaspar[i], the Ontario Superior Court addressed an argument that a plaintiff’s alleged impecuniosity should bar any – or anything more than nominal – costs being awarded to a successful defendant. The decision followed a 14-day jury trial, in which judgment was granted in […]
December 13, 2022
In Kahissay v. Intact Insurance, 2022 ONSC 6357, a statutory accident benefits claimant appealed a decision of an adjudicator of the Licence Appeal Tribunal related to attending insurer’s medical examinations. The Divisional Court issued a notice indicating that the court was considering dismissing the appeal on the basis that it does not have jurisdiction to […]
