September 06, 2023
By Nasra Esak In Sase Aggregate Ltd. v. Langdon, 2023 ONCA 554, the Court of Appeal considered a defrauded company’s attempt to recover stolen funds not from the employee who committed the fraud, but from the employee’s spouse. The case recognizes the significance of proper tracing, knowledge, and the application of identifying constructive trusts. Background […]
August 30, 2023
By Riley Groskopf The Ontario Superior Court of Justice recently released its decision on a summary judgement motion in Walpole v. Brush, 2023 ONSC 4869. The decision addresses the liability of a landlord for a dog bite on its premises, when the premises has been rented out to tenants. Facts The plaintiffs were visiting the […]
August 23, 2023
By Michael Kryworuk On August 15, 2023, the Ontario Superior Court released its decision in Rupani v. Willett, 2023 ONSC 3743, dismissing a motion by the defendants in a motor vehicle accident claim, seeking leave of the Court for an examination of two non-parties. History of the Litigation: This case arose from a motor vehicle […]
August 16, 2023
By Katrina Taibi Overview: The Court in Ramcharran v. State Farm Mutual Automobile Insurance,[1] heard a threshold motion and concluded that the plaintiff’s injuries met the statutory threshold under the Insurance Act, as well as the additional requirement for unidentified and underinsured motorist coverage. Background Facts: On February 12, 2010, the plaintiff, Norman Ramcharran, was […]
August 09, 2023
By Kathryn Orydzuk In 2015, the Ontario Legislature passed the Protection of Public Participation Act, S.O. 2015, c. 23, which introduced a powerful motion to counter “Gag Proceedings” or “Strategic Lawsuits Against Public Participation” into the Courts of Justice Act, R.S.O. 1990, c. C. 43. The motions provide a defendant to a defamation lawsuit with […]
August 02, 2023
By Jennifer Singh In Morris et al. v. Prince et al. [1] the plaintiff was involved in a pedestrian accident, wherein he was hit by the defendant, operating a pickup truck. The plaintiff commenced an action against the defendant driver as well as the City of London. One of the major issues to be determined, […]
