September 06, 2023
By Nasra Esak In Sase Aggregate Ltd. v. Langdon, 2023 ONCA 554, the Court of Appeal considered a defrauded company’s attempt to recover stolen funds not from the employee who committed the fraud, but from the employee’s spouse. The case recognizes the significance of proper tracing, knowledge, and the application of identifying constructive trusts. Background […]
August 23, 2023
By Michael Kryworuk On August 15, 2023, the Ontario Superior Court released its decision in Rupani v. Willett, 2023 ONSC 3743, dismissing a motion by the defendants in a motor vehicle accident claim, seeking leave of the Court for an examination of two non-parties. History of the Litigation: This case arose from a motor vehicle […]
August 04, 2023
At our weekly meeting, Itai Gibli discussed the recent decision of the Ontario Superior Court of Justice in Alsous v. Shahin, 2023 ONSC 3995. Overview The Court dismissed a motion for an order directing a civil and family proceeding to be consolidated, heard together, or heard sequentially. The Court held that the two proceedings did […]
July 27, 2023
By Jordan Petruska In Tsivaras v. The Cadillac Fairview Corporation, 2023 ONSC 3973, the defendant, Cadillac Fairview Corporation (“Cadillac”), brought a motion to dismiss the action for delay under subrule 24.01(1)(c) of the Rules of Civil Procedure, RRO 1990, Reg 194(“the Rules”). The court did not dismiss the action for delay despite there being a […]
July 20, 2023
By Erin Crochetière The court in Gillespie v. Fraser, 2023 ONSC 4183, dismissed a defendant’s motion to set aside default judgment in circumstances where defence counsel was negligent. The facts of the case are unusual. The plaintiff’s mother was murdered by her father and he was convicted and sentenced to life imprisonment. The plaintiff alleges […]
July 07, 2023
At our weekly meeting, Katrina Taibi discussed a recent decision of the Ontario Superior Court of Justice. Overview: The Court considered whether an action for loss of competitive advantage (“LOCA”) should be dismissed by way of a non-suit motion or by declining to put the question to the jury. Background Facts: The plaintiff was riding […]
