June 22, 2022
By Jennifer Singh In our March 31, 2022 blog post[1], we discussed the decision in Atsaidis v. Sanford, 2022 ONSC 1690, wherein a consent adjournment of trial to permit the defendants to bring a summary judgment motion on a limitation period issue was denied by Justice D.A. Wilson. Justice Wilson scheduled the motion for two […]
June 14, 2022
At examinations for discovery, counsel will sometimes ask for a summary of an opposing party’s statement. Such a summary usually does not have to be provided, if the statement is protected by litigation privilege. This issue was addressed by the Divisional Court in Sangaralingam v. Sinnathurai, 2011 ONSC 1618 (Div. Ct.). In that case, the […]
June 07, 2022
The Central East Region of the Ontario Superior Court of Justice has issued a new Notice to the Profession and Parties, which came into effect on June 1, 2022. The notice addresses issues such as the mode of hearings, uploading documents to CaseLines, scheduling motions, documents required for long motions, and scheduling pre-trial conferences and […]
May 19, 2022
In some cases, a party will make an initial offer to settle and will then make subsequent offers. When a subsequent offer is made, previous offers are withdrawn by implication. However, in many situations, it is beneficial to leave prior offers on the table in order to potentially obtain a more favourable costs award. Take […]
May 17, 2022
The Ontario Court of Appeal has prepared a helpful one page document on COVID-related procedures. It addresses issues such as filing court documents and the mode of proceedings.
May 16, 2022
The decision in Thomas v. Aviva, 2022 ONSC 1728, arose out of a motor vehicle accident in April 2016. An action was commenced under the ordinary procedure. The defendants, RBC and Aviva, delivered a statement of defence and a jury notice in September 2018. The plaintiff subsequently brought a motion to reduce the damages claimed […]