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 […]
May 31, 2023
By Michael Kryworuk In Interhealth Canada Limited v. O’Keefe, 2023 ONCA 368, the Ontario Court of Appeal considered an appeal by the plaintiff, Interhealth Canada Limited (“Interhealth”), of a decision by the Ontario Superior Court of Justice. While the case was appealed on both substantive and procedural grounds, this blog post will focus primarily on […]
November 22, 2022
Congratulations to Brian Sunohara and Erin Crochetière for their success at a recent trial! The decision was released yesterday. The case of Leendertse v. His Majesty the King in Right of Ontario, 2022 ONSC 6395, involves an accident where the plaintiff was riding a bicycle and was struck by a police SUV. The plaintiff sued […]
October 25, 2022
In Rana et al v. Ramzan et al, 2022 ONSC 5669, a witness called by the defendants denied in examination-in-chief ever being convicted of a criminal offence. In cross-examination, plaintiffs’ counsel sought to cross-examine the witness on information contained in a document which indicated that the witness had been charged with fraud. Justice Daley stated: […]
April 28, 2022
In Agaj v. Munroe, 2022 ONSC 2508, the plaintiff proceeded to trial in a motor vehicle accident case without having expert reports addressing the plaintiff’s claim for income loss and medical and housekeeping needs. After the jury was selected, the plaintiff’s lawyer advised the court that he had spoken to unnamed experts who indicated that […]
December 14, 2021
In Meade v. Hussein, 2021 ONSC 7850, the plaintiff attempted to rely on a brain SPECT scan to demonstrate that she sustained a traumatic brain injury in a motor vehicle accident. The defendant’s expert testified that the use of a brain SPECT to diagnose a traumatic brain injury is not supported by the academic community […]
