January 25, 2023
By Amanda Colarossi Overview The Rules of Civil Procedure often change. Sometimes they change in minor ways, and sometimes major ways. Rule 48.04 underwent a small but important change by amendment in July 2021. A party not setting a matter down for trial can now consent to the matter being placed on the trial list, […]
January 20, 2023
At our weekly Friday meeting, Nasra Esak discussed the recent Court of Appeal decision of Ontario v. Madan, 2023 ONCA 18. The Court of Appeal upheld a motion judge’s decision to strike contested paragraphs of the appellants’ statements of defence counterclaims, which alleged that the Government of Ontario was vicariously liable and contributorily negligent for […]
January 19, 2023
In Henry v. Zaitlen, 2022 ONSC 7259, the court considered the applicable rate of prejudgment interest (“PJI”). In the Courts of Justice Act, the PJI rate for non-pecuniary loss is 5% per year. However, in MacLeod v. Marshall, 2019 ONCA 892, the Court of Appeal held that the trial judge erred in awarding PJI at […]
January 16, 2023
The Advocates’ Society’s popular Tricks of the Trade conference is coming up on January 27, 2023. It will be held in person at The Carlu in Toronto. Two of our partners are involved in the conference. Stephen Ross is a co-chair. Stephen will be moderating a fireside chat with Justice van Rensburg of the Court […]
January 13, 2023
At our weekly Friday meeting, Katrina Taibi discussed the recent decision of the Ontario Superior Court in Delgado-Zurita v. Toronto (City), 2023 ONSC 35. Overview: The plaintiff brought a motion pursuant to Rule 48.14 of the Rules of Civil Procedure to vary a set aside order and for an extension of time to set the […]
January 12, 2023
Some of our lawyers had a fun group outing at the Leafs game last night. It was even better that the Leafs won!