October 18, 2023
By Celina Stoan On May 4, 2023, the Ontario Court of Appeal heard the appeal of the Town of Milton from the judgment of Justice Mills, dated June 28, 2022, dismissing the third party claim of the Town. In its decision in Case v. Pattison, 2023 ONCA 529, the Court of Appeal allowed the appeal, […]
October 11, 2023
By: Antoinette Monardo The Ontario Superior Court of Justice recently released its decision in Tyszko v. St. Catharines (City), 2023 ONSC 2892. This decision addresses the 2-year and 15-year ultimate limitation periods, and clarifies what constitutes a continuing contravention/continuing cause of action. Context In 2002, the City of St. Catherines (the City) installed storm sewers […]
September 21, 2023
By Amanda Colarossi In Imeri et al v. Laidman et al, 2023 ONSC 5095, the plaintiff, who previously settled their accident benefits claim against Aviva (the priority insurer) attempted to bring a claim in punitive and aggravated damages against TD General Insurance (“TD”) for non-payment of accident benefits. TD brought a motion for summary judgement […]
September 13, 2023
By Emmanuel Couture-Tremblay The recent decision of the Ontario Superior Court of Justice in Armstrong v. Farahi, 2023 ONSC 5069 dealt with a motion to dismiss a defamation action as an impermissible SLAPP (Strategic Lawsuits Against Public Participation) lawsuit. Facts In this case, the defendant Amir Farahi wrote a Column in London newspaper Our London […]
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 […]
