November 09, 2022
By Annie Levanaj The Post v. Hillier trilogy of cases is important in demonstrating the serious consequences individuals can face for failure to comply with court orders in civil actions. Part 1: Post v. Hillier, 2022 ONSC 3793 The initial decision dealt with a defamation action. The plaintiff, Ms. Post, sought damages, an injunction and […]
November 08, 2022
In Sutherland Estate v. London Health Sciences Centre, 2022 ONSC 5942, the plaintiffs sought to amend the Statement of Claim to limit the claim to $200,000 and to continue the action under the Simplified Procedure. The defendants opposed the amendment. A patient sustained injuries while at a hospital. Over five years later, the patient died […]
November 01, 2022
The decision of Kolapully v. TTC et al., 2022 ONSC 6024, involved an accident between a pedestrian and a bus. At trial, the plaintiff was awarded $150,000 for past loss of income (after accounting for contributory negligence). The plaintiff had previously received over $95,000 in non-earner benefits in an accident benefits claim. The defendants argued that […]
October 27, 2022
Rule 29.2.03 of the Rules of Civil Procedure is sometimes overlooked when counsel conduct discoveries and make production requests. This rule was recently considered in Gurprasad v. Kim, 2022 ONSC 5753. The rule states: 29.2.03 (1) In making a determination as to whether a party or other person must answer a question or produce a […]
October 25, 2022
In Rana et al v. Ramzan et al, 2022 ONSC 5669, a witness called by the defendants denied in examination-in-chief ever being convicted of a criminal offence. In cross-examination, plaintiffs’ counsel sought to cross-examine the witness on information contained in a document which indicated that the witness had been charged with fraud. Justice Daley stated: […]
October 20, 2022
In a previous blog post, we discussed the Court of Appeal’s decision in Tallman Truck Centre Limited v. K.S.P. Holdings Inc., 2022 ONCA 66. The Court of Appeal upheld the stay of an action due to the failure to immediately disclose a partial settlement agreement. The Supreme Court of Canada denied leave to appeal today. […]
