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 […]
October 09, 2024
By Emily Vereshchak In Bello v. City of Hamilton, 2024 ONSC 5457, the Court examined whether the plaintiff’s personal injury action ought to be dismissed on the basis that the plaintiff was cycling on an untraveled potion of highway in the City of Hamilton. Facts The plaintiff was biking with a group of cyclists along […]
October 03, 2024
By: Katrina Taibi Overview: In Ferreira v. Hopper,[1] the Ontario Superior Court considered for the first time whether the Canada Emergency Response Benefit (CERB) and the Canada Recovery Benefit (CRB) can be deducted from an income loss award in the context of a motor vehicle accident. Background Facts: The plaintiff was injured in a motor […]
September 25, 2024
By Elizabeth Branopolski In the recent decision of Abdul-Hussein v. Zabel, 2024 ONSC 4035, the Ontario Superior Court of Justice reiterated the important role expert evidence plays in medical malpractice claims. Background The self-represented plaintiff, Ms. Abdul-Hussein, consulted with the defendant, ophthalmologist Dr. Werner Zabel, for a cataract surgery consultation. The defendant recommended that the […]
September 18, 2024
By Eli Feldman Introduction On September 9, 2024, for reasons set out in Auguste v. Ottawa Police Services et al., 2024 ONSC 4956, the Ontario Superior Court of Justice dismissed the claims of Cheryl Auguste and her three children (collectively, the “plaintiffs”) pursuant to r. 2.1.01 of the Rules of Civil Procedure (the “Rules”), which […]
September 11, 2024
By Cameron Allan It is not unusual for individuals embroiled in legal proceedings to express concerns about the personal and private information divulged in evidence and put into public record during the litigation process. Privacy and security are important to many of us, after all. As a result, litigants may seek sealing orders from the […]
