April 20, 2022
By Kathryn Orydzuk This case study will review the various issues considered in two motions in the same action, one of which was appealed. The three decisions are as follows: Taylor v. Mayes, 2019 ONSC 5651 Taylor v. Mayes, 2021 ONSC 2239 Taylor v. Mayes, 2022 ONCA 297 The motions are demonstrative of some common […]
February 02, 2022
By Meryl Rodrigues While civil case conferences may seem a relatively quick and less formal way to secure judicial intervention to assist in moving a case forward, particularly at a time of notable court delays and backlog, a recent endorsement from the Superior Court of Justice suggests that counsel ought to be discerning and cautious […]
December 15, 2021
By Christopher MacDonald Last week, on December 9, 2021, the Privacy Commissioner of Canada, Daniel Therrien, published his final annual report wherein he called upon the federal government to “bring Canada into the modern era by adopting rights-based privacy laws that will reflect Canadian values and support responsible innovation.” The Commissioner pointed to successive large […]
October 18, 2021
By Kayley Richardson Under the Statutory Accident Benefits Schedule O. Reg. 34/10 (the “SABS”), if a person is employed at the time of the accident and suffers a substantial inability to perform the essential tasks of their employment, they are entitled to receive income replacement benefits (“IRBs”). Once it has been determined that a claimant […]
October 14, 2021
By Kayley Richardson Anita Varjacic of Rogers Partners LLP recently successfully brought a motion to compel the plaintiffs to undergo genetic testing. The decision in Klinck v. Dorsay, 2021 ONSC 6285, is the first time in Ontario that a court has ordered genetic testing as part of a medical examination in a medical malpractice action. […]
September 30, 2021
By Sharon Lam Yiu, Law Clerk Orange Shirt Day began when author, Phyllis Jack Webstad, a Northern Secwepemic from the Stswecem’c Xgat’tem First Nation, shared her experience as a survivor of the St. Joseph Mission Residential School, near Williams Lake, British Columbia. Phyllis Jack Webstad recalled that on her first day of residential school […]
