January 31, 2024
By Erin Crochetière The Court of Appeal for Ontario recently expanded the applicability of the vicarious liability provision outlined in s. 192(2) of the Highway Traffic Act in Desrochers v. McGinnis, 2024 ONCA 63. The case involved an accident whereby the plaintiff, Megan, was operating an ATV on a dirt road when she lost control […]
January 24, 2024
By Elizabeth Branopolski In Bustin v. Quaranto, 2023 ONSC 5732, Vince Quaranto (“the defendant”) brought a motion to strike a claim brought by a bystander alleging personal injuries arising from witnessing a motor vehicle accident. The court determined the plaintiff alleged sufficient material facts in his claim to establish a duty of care, refusing to […]
January 17, 2024
By Celina Stoan In Denman v. Radovanovic, 2022 ONSC 4401, following a July 18, 2022, mid-trial voir dire, Justice Ferguson ordered the defence’s expert Dr. Redekop excluded from testifying on the grounds of bias. The 35th paragraph of Her Honour’s decision reads “This is the first time I have done this with an expert since […]
January 12, 2024
At our weekly meeting, Itai Gibli discussed the recent decision in Horvat v. Alam, 2024 ONSC 51. This decision concerned a disqualification motion, and the Superior Court analyzed whether a lawyer has a conflict of interest by acting as counsel of record in a litigation to which they (1) are a material witness and (2) […]
January 10, 2024
By Antoinette Monardo The Ontario Court of Appeal’s decision in Williams v. Tuck, 2023 ONCA 452 grapples with a particular issue concerning abuse of process, namely vexatious litigants, and sheds light on the process required to obtain a vexatious litigant order. Context The appellant, David Williams, commenced three actions in succession against the same defendants, […]
January 05, 2024
At our weekly meeting, Samuel Pevalin discussed the recent decision of the Ontario Court of Appeal in Boal v. International Capital Management Inc., 2023 ONCA 840, in which the Court considered the criteria to establish an ad hoc fiduciary duty and whether a claim against the appellant’s financial advisor disclosed a cause of action for breach […]
