January 12, 2024
At our weekly meeting, Itai Gibli discussed the recent decision in Horvat v. Alam, 2024 ONSC 51. This decision concerned a disqualification motion, and the Superior Court analyzed whether a lawyer has a conflict of interest by acting as counsel of record in a litigation to which they (1) are a material witness and (2) […]
January 05, 2024
At our weekly meeting, Samuel Pevalin discussed the recent decision of the Ontario Court of Appeal in Boal v. International Capital Management Inc., 2023 ONCA 840, in which the Court considered the criteria to establish an ad hoc fiduciary duty and whether a claim against the appellant’s financial advisor disclosed a cause of action for breach […]
December 22, 2023
At our weekly meeting, Eli Feldman discussed the recent decision of the Ontario Court of Appeal (the “ONCA”) in Baker v. Blue Cross Life Insurance Company of Canada, 2023 ONCA 842, concerning the entitlement of a group disability insurance policy member to long-term disability benefits after suffering a sudden stroke while exercising in October 2013. […]
December 15, 2023
At our weekly meeting, Megan Chan discussed the recent decision Ovari v. Brant Community Healthcare System[1], in which the Court considered a motion to strike pleadings for failing to disclose a reasonable cause of action pursuant to Rule 21.01(1)(b). Notably, although the plaintiff was self-represented, the Court granted the defendants’ motion and struck the claims […]
December 08, 2023
At our weekly meeting, Itai Gibli discussed the recent decision of the Court of Appeal in SIR Corp v Aviva Insurance Company of Canada, 2023 ONCA 778. Facts During the COVID-19 pandemic, Canadian provincial governments and American state governments enacted emergency orders which prevented in-person dining at restaurants (“the Orders”).[1] The appellants (“SIR”) owned and […]
November 24, 2023
At our weekly meeting, Megan Chan discussed the recent decision Wu v. Di Iorio, 2023 ONSC 6417, in which the Court refused the applicant’s motion for disclosure of a copy of an online server. Background The background of this case involves a lengthy divorce dispute between the applicant, Nancy Wu, and the respondent, Anthony Di […]