November 20, 2024
By Michael Kryworuk On November 11, 2024, Justice Jane Dietrich of the Ontario Superior Court of Justice in Toronto released her decision in M.P. v. Ontario Power Generation Inc., 2024 ONSC 6295. This decision concerned a motion brought by the defendant, Ontario Power Generation Inc. (“OPG”), to strike a number of causes of action from […]
November 19, 2024
By Kathryn Orydzuk The case of Aviva Insurance Company v. Echelon Insurance, 2024 ONSC 5921, arises out of a motor vehicle accident that involved a motorcycle insured by Echelon under a policy issued in Ontario and a Chevy Silverado insured by Aviva under a policy issued in Alberta. The accident occurred in Alberta. The driver […]
November 13, 2024
By Megan Chan In the recent Ontario Superior Court decision Logan v. Stryker Canada Corp., 2024 ONSC 6171, the court addressed a motion for an order under Rule 32 of the Rules of Civil Procedure. Facts A medical device, manufactured by one of the defendants, Stryker Canada Corp., was used in an emergency procedure to […]
November 06, 2024
By Erin Crochetière The Court of Appeal for Ontario recently weighed in on the issue of the prejudgment interest rate applicable to claims for non-pecuniary general damages claims in Henry v. Zaitlen, 2024 ONCA 614.[1] The underlying action arose from a medical malpractice claim. At trial, the plaintiff was awarded $204,500.00 in non-pecuniary general damages […]
October 23, 2024
By Jordan Petruska In Baldasio v. City of Toronto, 2024 ONSC 5391, the defendant, City of Toronto brought a motion for dismissing the action for delay. Background This action arose from a slip and fall incident on January 13, 2014. On December 29, 2015, the plaintiff commenced an action against the City of Toronto and […]
October 16, 2024
By Farid Mahdi In the recent decision of Burley v. City of Ottawa et. al. (“Burley”),[1] the Ontario Superior Court of Justice reaffirmed that the defendant building owners did not owe their plaintiff tenant a common law duty to maintain the municipal sidewalk adjacent to their property, that they were not occupiers of the municipal […]
