January 15, 2025
By Cameron Allan Introduction: In its recent decision in Davis v. Aviva General Insurance Company, 2024 ONCA 944, the Ontario Court of Appeal denied leave to appeal a Divisional Court decision about whether slipping on ice while walking toward one’s vehicle constitutes an “accident” as defined by the Statutory Accidents Benefit Schedule (“SABS”). The Court […]
December 20, 2024
At our weekly meeting, Sarah Sevier discussed the recent decision of the Ontario Superior Court of Justice in Wheelans v. Kuss, 2024 ONSC 6728, dismissing a motion for bifurcation pursuant to Rule 6.1.01 of the Rules of Civil Procedure. The Court concluded that the potential cost savings and efficiencies of separate hearings for liability and […]
November 20, 2024
By Michael Kryworuk On November 11, 2024, Justice Jane Dietrich of the Ontario Superior Court of Justice in Toronto released her decision in M.P. v. Ontario Power Generation Inc., 2024 ONSC 6295. This decision concerned a motion brought by the defendant, Ontario Power Generation Inc. (“OPG”), to strike a number of causes of action from […]
November 15, 2024
At our weekly meeting, Sarah Sevier discussed the recent decision of the Ontario Court of Appeal (“ONCA”) in Passmore v. Hamilton (City), 2024 ONCA 825. The ONCA granted the appeal, overturning a summary judgment motion, and remitted the matter back to the Superior Court of Justice for trial. The case centers on the motion judge’s […]
November 13, 2024
By Megan Chan In the recent Ontario Superior Court decision Logan v. Stryker Canada Corp., 2024 ONSC 6171, the court addressed a motion for an order under Rule 32 of the Rules of Civil Procedure. Facts A medical device, manufactured by one of the defendants, Stryker Canada Corp., was used in an emergency procedure to […]
November 08, 2024
At our weekly meeting, Jaaron Pullenayegem discussed the recent decision in Harrigin v. Clarke, 2024 ONSC 6130. This decision addressed a plaintiff’s motion to extend the deadline to serve a statement of claim on the defendant Clarke, stemming from a 2019 motor vehicle accident. The statement of claim was issued in November 2021, giving the […]
