RP Blog

In a previous article, we discussed a decision in which the motion judge dismissed a “wrongful life” claim. A wrongful life claim is a claim asserted by a child for a pregnancy that results in birth defects, where the child argues that, but for the negligence of the doctor, theRead More

By Erin Crochetière In Hacopian-Armen Estate v. Mahmoud, 2021 ONCA 545, the Court of Appeal for Ontario considered issues of factual and legal causation in the context of medical negligence cases involving competing expert evidence. Overview The plaintiff, Armineh Hacopian-Armen, died on August 24, 2011, as a result of StageRead More

In Derenzis v. Ontario et al., 2021 ONSC 5355, the defendant sought a dismissal of the action under rule 2.1.01 of the Rules of Civil Procedure, which indicates that the court may stay or dismiss a proceeding if the proceeding appears on its face to be frivolous or vexatious orRead More

In Johnson v. Jevco, 2021 ONSC 4870, a statutory accident benefits claimant had an automobile insurance policy with Jevco for a Chevrolet Silverado. He bought a motorcycle and contacted his broker to request a quote to insure the motorcycle. He was advised that Jevco does not underwrite motorcycle insurance andRead More

By Emily Vereshchak In Sigurdson et al v. Norboard Inc. et al, 2021 ONSC 5193,the Superior Court of Justice declined to recognize a duty of care between the employer of a deceased individual and his family members. The Court stated that negligence alone should not open the gates to liabilityRead More

In a previous blog post, we advised that the Supreme Court of Canada granted leave in a matter involving the interpretation of a release in a motor vehicle accident claim. The appeal was argued and the Supreme Court has rendered a decision in Corner Brook (City) v. Bailey, 2021 SCCRead More

By Chris MacDonald In 2018, a new tort of public disclosure of private information was recognized by the Ontario Superior Court in Jane Doe 72511 v N.M., 2018 ONSC 6607. In this decision, the defendant was found liable for uploading an intimate video of the plaintiff on an explicit websiteRead More

There is sometimes confusion over which court to appeal to, and the Courts of Justice Act and the Rules of Civil Procedure need to be closely examined. In Pullano v. Hinder, 2021 ONSC 4714, the Divisional Court addressed the appeal route for a claim that is dismissed. The plaintiff suedRead More

In Welch v. Quast, 2021 ONSC 5083, Justice Tranquilli allowed an appeal of a Small Claims Court judgment that awarded the plaintiff damages for defamation. The purported defamatory statements were contained in e-mails the defendant sent in February 2016. The plaintiff amended his claim to plead defamation in March 2019.Read More

In Schram v. Loughrey, 2021 ONSC 5018, defence counsel inadvertently did not file a jury notice, contrary to the defendant’s insurer’s litigation guidelines. The statement of defence was delivered on June 28, 2018. The oversight was discovered on or around September 25, 2018. Due to a “miscommunication” within the client’sRead More

By Athina Ionita In Fratarcangeli v. North Blenheim Mutual Insurance Company, 2021 ONSC 3997, the Divisional Court held that the Licence Appeal Tribunal (the “LAT”) has the power, under section 7 of the Licence Appeal Tribunal Act (the “LAT Act”), to extend the two-year limitation period under section 56 ofRead More

In Duboff v. Simpson, 2021 ONSC 4970, following a couple’s separation, the court was asked to resolve a dispute over ownership of a dog. The applicant and the respondent are both lawyers. The applicant had always wanted a rescue dog and eventually found a boxer. The respondent was working 12Read More

In Chandrababu v. Tharmalingham, 2021 ONSC 4885, the court ordered the plaintiffs the attend defence medical examinations even though the trial was less than three months away. The reason was that the plaintiffs had recently served several expert reports and had recently provided the records of a treating psychiatrist. One plaintiff had already attendedRead More

An examining party has a prima facie right to select the corporate officer, director, or employee to be examined for discovery, and the court will not lightly interfere with the selection. The onus is on the corporation to show that the person selected is inappropriate. In Mohotoo v. Humber River Hospital, 2021Read More

In 2545890 Ontario Ltd. v. Cambium Inc., 2021 ONSC 4813, the defendant sought to set aside a noting in default and default judgment. The action was commenced in August 2019. An insurance adjuster was retained on behalf of the defendant to investigate the claim. In November and December 2019, the plaintiffs’Read More

In Chandarpal v. Ferreira, 2021 ONSC 4622, a civil jury trial was scheduled for the June 2021 sittings in Toronto, but it did not proceed due to a Notice to the Profession which suspended jury trials until July 5, 2021 at the earliest. In early June, the plaintiff brought aRead More

By Rebecca Moore In the context of a medical malpractice case, when is a claim discoverable by a plaintiff, so as to begin the running of the limitation period?   This issue was examined in the recent decision of Andrews et. al v. Pattison, 2021 ONSC 4757 (CanLII). In thisRead More

By Meryl Rodrigues In the recently released decision by the Court of Appeal in Moore v. 7595611 Canada Corp., 2021 ONCA 459, the Court upheld a jury award for damages for loss of care, guidance and companionship (among other heads of damages) awarded to the parents of an adult childRead More

In Montesano v. Western Assurance Co., 2021 ONLAT 19-006780, the claimant proceeded up her driveway towards her house after smoking a cigarette. She tripped and fell forward, striking her face against the rear bumper of her parked SUV before falling to the ground. The claimant applied for statutory accident benefits fromRead More

In Sui v. Chitiz, 2021 CanLII 50711 (ON SC), the plaintiff argued that the trial should not proceed by video conference because there are real issues of credibility which could be better assessed by an in-person hearing and because the volume of documents could more easily be managed through anRead More

The court has discretion to order an examination for discovery of a non-party. Before such an order is granted, the court must be satisfied that: the moving party has been unable to obtain the information from other people whom the moving party is entitled to examine for discovery, or from theRead More

In Tataryn v. AXA Insurance Canada, 2021 ONCA 413, the plaintiff commenced renovations to the second and third floor of her property while she lived on the first floor. Following the commencement of the renovations, there were two incidents of water damage. The plaintiff sought coverage under her homeowner’s insurance policy. TheRead More

In Owsianik v. Equifax Canada Co., 2021 ONSC 4112, a majority of the Divisional Court partially overturned a certification of a class action involving a computer hacking incident. The motion judge had certified a number of causes of action against the defendant, including a claim for intrusion upon seclusion. TheRead More

The decision in Cave v. Hovsepyan, 2021 ONSC 4126, addressed procedural issues for a virtual trial. Trial judges have broad discretion to determine the procedure for a trial, but this decision may provide useful guidance for other matters. For example, Justice Sanfilippo indicated that each party shall designate a leadRead More

By Gemma Healy-Murphy Summary judgment can be a powerful tool in a litigator’s toolkit, if the Court can be persuaded that there is no genuine issue for trial. There appears a general judicial reluctance however to summarily dismiss an action, with the remedy oftentimes reserved for the most clearest ofRead More

The court’s decision in Harris v. Mast Landscaping Limited, 2021 ONSC 3937, dealt with a dispute over the location of a defence medical examination. The defendants requested the plaintiff to attend a defence medical examination with a neurologist in Toronto. The plaintiff lives around one hour away from Toronto. The plaintiff doesRead More

By Erin Crochetière In Avedian v. Enbridge Gas Distribution Inc., 2021 ONCA 361 the Court of Appeal granted an appeal from an order granting summary judgment on the basis that the motion should not have been allowed to proceed after the trial had been scheduled. The Court of Appeal alsoRead More

In Dominion of Canada General Insurance Company v. Ridi, 2021 ONSC 3707, the Divisional Court overturned a decision of the Licence Appeal Tribunal and held that, for accidents occurring prior to June 3, 2019, amounts of HST payable for taxable attendant care services are to be paid as part ofRead More

In Orum v. Maksuta, 2021 ONSC 2974, the plaintiff was struck by a motor vehicle in Michigan. He commenced an action in Ontario against the driver and also against his Ontario insurer for uninsured/underinsured coverage. He did not commence an action in Michigan and the limitation period to do so expired. TheRead More

By Emily Vereshchak In Moore Equipment Ltd. v. Temple Insurance Company, 2021 ONSC 3622, the Court examined an endorsement in a comprehensive general liability insurance policy to determine whether the Applicant was entitled to coverage under the policy as an “Unnamed Insured”.  Overview The Applicant, Moore Equipment Ltd. (“Moore”), broughtRead More

When bringing a motion for default judgment in Toronto, plaintiffs should serve their motion materials on the defendants against whom judgment is sought. This is not required by the Rules of Civil Procedure or by a practice direction. However, in Madison Homes v. Ng, 2021 ONSC 3104, Justice J. Wilson notedRead More

In Premanathan v. Kandasamy,  2021 ONSC 3207, the court dismissed the plaintiff’s motion to strike a jury notice in a Toronto action. The action arises from a motor vehicle accident in 2012. A two week jury trial was scheduled for June 2021. The principal reason for dismissing the plaintiff’s motion wasRead More

There have been several motions to strike jury notices in Toronto due to delay related to the COVID-19 pandemic. The decisions have gone both ways. In Cave v. Hovsepyan, 2021 ONSC 3386, the plaintiff was successful in striking a jury notice for a trial scheduled to commence on May 31, 2021.Read More

The case of Boustany v. Singh, 2021 ONSC 3140, involves an accident at a pubic swimming pool. The defendant is the grandmother and caregiver of a child with significant autism. The child was at the swimming pool for a public swim and was under the care of the Halton DistrictRead More

By Athina Ionita Andrin Hillsborough Limited v. Eliaszadeh, 2021 ONSC 3229, provides a helpful discussion on pleading bad faith, and the importance of pleading with sufficient clarity. Background This decision relates to the defendants’ motion for leave to amend their Statement of Defence, and to add a Counterclaim. The plaintiffRead More

The Court of Appeal recently overturned a dismissal of a medical malpractice action due to improper expert evidence. In Parliament v. Conley, 2021 ONCA 261, a baby was diagnosed with hydrocephalus (an accumulation of fluid within the brain) when he was around four month old. He is now 21 years oldRead More

In Kruger v. Queen Elizabeth Hotel GP Inc., 2021 ONSC 3097, the court considered a refusals motion in a slip and fall case. Two of the refusals motions related to post-accident remedial measures taken by the defendant. The plaintiff asked for any relevant emails regarding anti-slip material that was used afterRead More

By Andrew Yolles The Ontario Superior Court recently released joint decisions in Mallette v. Bank of Montreal, 2021 ONSC 2924, and Bannister v. Canadian Imperial Bank of Commerce, 2021 ONSC 2927, approving the settlement of both class actions arising from a data breach that occurred at BMO and CIBC inRead More

Lawyers frequently swear affidavits in support of motions. A recent court decision cautions that a lawyer’s personal beliefs or opinions do not belong in an affidavit. In Rochon v. Commonwell Mutual Insurance Group, 2021 ONSC 2880, the plaintiff sought to amend the statement of claim. In an affidavit, defence counsel stated thatRead More