February 05, 2025
By Emily Vereshchak In Diverse Transportation v. Chen, 2025 ONSC 554, the Court analyzed the screening function of an anti-SLAPP motion in the context of what issues can be constituted to be in the public’s interest. At issue was whether the public had any interest in a monetary dispute between a former employee and employer, […]
January 29, 2025
By Elizabeth Branopolski In Bernier v. Ottawa, 2024 ONSC 6725, the plaintiffs brought an action for injuries sustained while participating in a cycling event. The Defendants, Ville d’Ottawa, GrandFondo Ottawa, and Greg Capello, sought to rely on the terms of a waiver signed by the plaintiff to dismiss the action. Background The plaintiff, Sandra Bernier, […]
January 22, 2025
By Antoinette Monardo In Grid Link Corp. v. Foglia et al, 2024 ONSC 19 (“Grid Link 2024”), the plaintiff used documents disclosed in a Labour Relations Board proceeding to start a civil action. The defendants brought a motion to dismiss or permanently stay the action based on breach of the common law implied undertaking rule. […]
January 15, 2025
By Cameron Allan Introduction: In its recent decision in Davis v. Aviva General Insurance Company, 2024 ONCA 944, the Ontario Court of Appeal denied leave to appeal a Divisional Court decision about whether slipping on ice while walking toward one’s vehicle constitutes an “accident” as defined by the Statutory Accidents Benefit Schedule (“SABS”). The Court […]
December 18, 2024
By Shannon Mascarenhas Background The decision in Sabaratnam v. Yohanathan, 2024 ONCA 845, concerns an appeal brought by Mr. Mooka and his company, seeking to overturn a summary judgment that awarded the plaintiff $75,000 in damages for defamation, and $25,000 in punitive damages. The plaintiff also cross-appealed the motion judge’s refusal to grant a permanent […]
December 12, 2024
By Sebastian di Domenico In Truong v. Jeweler’s Mutual Insurance Company, 2024 ONCA 734, the Ontario Court of Appeal addressed when a Court can award punitive damages against an insurer who improperly denies coverage. In 2014, the appellant, Jeweler’s Mutual Insurance Company (“Jeweler’s Mutual”) issued a policy of insurance to the respondents, Mr. Truong and […]
