September 28, 2022
By Michael Kryworuk On September 1, 2022, the Ontario Court of Appeal released its decision in Breen v. Lake of Bays (Township), 2022 ONCA 626, upholding the trial judge’s finding that once a building permit is granted, a municipality has an obligation to inspect the building whether or not the building permit holder requests an […]
September 26, 2022
In Kromah, et al. v. Lepore, et al., 2022 ONSC 4830, the plaintiffs sought to conditionally strike a jury notice in a civil action commenced in London, Ontario. The trial was scheduled to commence in September 2022. Justice Nicholson recognized the backlog of criminal and family matters in all regions, which take precedence over civil […]
September 21, 2022
By: Michael C. Brown In a previous RP Blog post, we discussed the Ontario Court of Appeal decision in Mugizi v. Ngo, 2022 ONCA 595, but we wish to expand on that post given the importance of the message it carries from the Court. Litigating in a post-COVID-19 era has proven to be a difficult transition […]
September 15, 2022
In Lafontaine v. McDaniel, 2022 ONSC 5153, the court dismissed the defendant’s motion to compel the plaintiff to attend a neuropsychology expert assessment and to extend the deadline to serve the expert’s report. The motion was heard on August 5, 2022. The proposed expert examination was scheduled for August 9, 2022. The trial was scheduled […]
September 14, 2022
By Meryl Rodrigues In its recent decision of Hamilton-Wentworth District School Board v. Zizek, 2022 ONCA 638, the Court of Appeal added to its recent line of authority with respect to disclosure obligations on a party who enters into a partial settlement agreement, such as a Mary Carter or Pierringer agreement. Background & Motion The […]
September 13, 2022
In Leblanc v. The Personal Insurance Co. et al., 2022 ONSC 5130, the sole shareholder of a corporate party sought to represent the corporation. This individual is not a lawyer. Rule 15.01(2) of the Rules of Civil Procedure states that a corporate party must be represented by a lawyer, except with leave of the court. […]