July 20, 2023
By Erin Crochetière The court in Gillespie v. Fraser, 2023 ONSC 4183, dismissed a defendant’s motion to set aside default judgment in circumstances where defence counsel was negligent. The facts of the case are unusual. The plaintiff’s mother was murdered by her father and he was convicted and sentenced to life imprisonment. The plaintiff alleges […]
July 12, 2023
By Annie Levanaj In Filippova v. Cross, et al., 2023 ONSC 3777, the plaintiff, a nursing student, filed a lawsuit against her college, a long-term care home she received training from, and its employees after being removed from the nursing program in November 2020. The plaintiff commenced her original action against those defendants on September […]
July 05, 2023
By Antoinette Monardo The Ontario Superior Court of Justice recently released its decision in The Dominion of Canada General Insurance Company v. Nelson, 2023 ONSC 386. This decision addresses the issues of jurisdiction and judicial review in the appraisal process. Context In October 2017, the Respondent’s home was destroyed in a fire. The Respondent (the […]
June 14, 2023
By Amanda Colarossi Overview In Dahi v. Certas Home and Auto Insurance Company, 2023 CanLII 32797, the applicant was involved in an accident on January 29, 2015 and sought payment of accident benefits from the respondent. The issues in dispute were whether the claimant was catastrophically impaired under Criterion 7, the cost of CAT assessments, […]
June 07, 2023
By Riley Groskopf The Ontario Court of Appeal recently released its decision in Jakab v. Clean Harbors Canada Inc., 2023 ONCA 377. The decision revisits the basics of contractual interpretation and the elements of negligent misrepresentation. Context The appellants, Mr. Jakab and Ontario Heavy Express Ltd. (a corporation wholly owned by Mr. Jakab) owned a […]
May 31, 2023
By Michael Kryworuk In Interhealth Canada Limited v. O’Keefe, 2023 ONCA 368, the Ontario Court of Appeal considered an appeal by the plaintiff, Interhealth Canada Limited (“Interhealth”), of a decision by the Ontario Superior Court of Justice. While the case was appealed on both substantive and procedural grounds, this blog post will focus primarily on […]