September 04, 2024
By Antoinette Monardo In Little v. Bramcan Investments Limited, 2024 ONSC 1485, the plaintiff was an undischarged bankrupt at the time the action was commenced. The Ontario Superior Court of Justice determined that the action not being brought in the name of the trustee in bankruptcy was not a simple misnomer that could be corrected […]
August 15, 2024
By Sebastian di Domenico In Willick v. Willard, 2023 ONCA 792, the Ontario Court of Appeal dismissed the appeal of the plaintiffs who argued, among other things, that the trial judge erred in law by failing to provide sufficient reasons. This was a complex medical malpractice case. On March 10, 2014, Brian Willick had fallen […]
August 07, 2024
By Megan Chan The new Rule 6.1.01(1) of the Ontario Rules of Civil Procedure came into effect on July 1, 2024. This new Rule was considered in LaPointe v. Simcoe Muskoka Catholic District School Board, 2024 ONSC 4040. The action involved personal injuries suffered by Hudson LaPointe while playing in a school softball tournament. The […]
August 01, 2024
By Shannon Mascarenhas The case of Clancy v. Farid, 2024 ONCA 568, certainly has a colourful history. For an in depth summary of the case in the lower court, see our firm’s blog post from earlier this year. In short, this was a claim for defamation brought by 53 plaintiffs against an internet bully – […]
July 24, 2024
By Sebastian di Domenico In McFadden v. Psutka, 2024 ONCA 203 (CanLII), the Ontario Court of Appeal addressed an appeal from the dismissal of the appellants’ motion for leave to amend their claim. This case arises from alleged negligent treatment provided by the respondent, Dr. David J. Psutka. The motion judge had dismissed the appellants’ […]
July 17, 2024
By Riley Groskopf The recent decision in Wiseway Global Canada Consulting Ltd. v. Shen, 2024 ONSC 4005, concerned a motion before the Superior Court of Justice seeking to make a series of amendments to a Statement of Claim after the completion of discoveries, pursuant to Rule 26.01 of the Rules of Civil Procedure. Although amendments […]
