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 […]
November 06, 2024
By Erin Crochetière The Court of Appeal for Ontario recently weighed in on the issue of the prejudgment interest rate applicable to claims for non-pecuniary general damages claims in Henry v. Zaitlen, 2024 ONCA 614.[1] The underlying action arose from a medical malpractice claim. At trial, the plaintiff was awarded $204,500.00 in non-pecuniary general damages […]
November 01, 2024
At our weekly meeting, Heera Sen discussed a recent pre-trial endorsement by Justice Stevenson in Whitney v. TTC et al, dated October 1, 2024, in which a defendant’s motion for leave to serve late expert reports was denied. This case highlights the importance of timely compliance with the Rules of Civil Procedure following the 2022 […]
October 23, 2024
By Jordan Petruska In Baldasio v. City of Toronto, 2024 ONSC 5391, the defendant, City of Toronto brought a motion for dismissing the action for delay. Background This action arose from a slip and fall incident on January 13, 2014. On December 29, 2015, the plaintiff commenced an action against the City of Toronto and […]
September 18, 2024
By Eli Feldman Introduction On September 9, 2024, for reasons set out in Auguste v. Ottawa Police Services et al., 2024 ONSC 4956, the Ontario Superior Court of Justice dismissed the claims of Cheryl Auguste and her three children (collectively, the “plaintiffs”) pursuant to r. 2.1.01 of the Rules of Civil Procedure (the “Rules”), which […]
September 13, 2024
At our weekly meeting, Miranda Lacalamita discussed the recent decision of the Ontario Superior Court of Justice in Robson v. LSO, 2024 ONSC 4728, dismissing the defendants’ motion to strike the jury notice in the action. The court dismissed the motion without prejudice to the trial judge striking the jury notice at the outset or […]
