July 16, 2021
At our weekly meeting, Chris MacDonald discussed a costs decision by the Superior Court in Gallo v 1884735 Ontario Inc., 2021 ONSC 4895. Facts The plaintiffs sought two million dollars in damages for demolition and construction costs of a partially constructed home that was left unprotected and damaged by weather. The plaintiffs were successful at trial […]
June 11, 2021
At our weekly meeting, Chris MacDonald discussed the decision of Heffernan v. John H. Keiffer Professional Corporation, 2020 ONSC 4174. In this case, Justice Daley provided his reasons for awarding costs to the defendants after the self-represented plaintiff’s action was dismissed for delay. In his reasons, His Honour grappled with the question of at what […]
April 30, 2021
At our weekly meeting, Chris MacDonald discussed a decision by the Court of Appeal in Przyk v. Hamilton Retirement Group Ltd. (The Court at Rushdale), 2021 ONCA 267. The Court considered an appeal from the costs ruling of the trial judge brought by the defendant, Hamilton Retirement Group Ltd. (referred to as “Rushdale”), in which […]
October 23, 2020
At our weekly meeting, Chris MacDonald discussed a decision of the Ontario Court of Appeal, Krukowski v. Aviva Insurance Company of Canada, 2020 ONCA 631. In this case, the Court considered an appeal brought by Deutschmann Law Professional Corporation, whose principal was Mr. Deutschmann. Mr. Deutschmann represented Mr. Krukowski, a disabled claimant, in an accident […]
September 08, 2020
In McNamee v. Oickle, 2020 ONSC 5078, the plaintiffs received $5,000 following a jury trial arising from a motor vehicle accident. Prior to trial, the defendant had offered a total of $350,000 plus costs. The plaintiffs had offered $900,000 plus costs. Justice Beaudoin described the result “as a crushing and complete loss to the plaintiffs”. Rule […]
June 10, 2020
By Erin Crochetière In a recent costs decision in Blaese v. Metcalfe, 2020 ONSC 3432, the Court dealt with some interesting issues regarding offers to settle in the context of bifurcated trials. The parties in the action agreed to bifurcate the issues of liability and damages, and a trial on the issue of liability proceeded […]
