What standard is expected of a driver confronted with an emergency situation? ONCA upholds a summary judgment motion ruling that a reactive driver was not negligent. The Ontario Court of Appeal recently upheld a summary judgment motion ruling that there was nothing...
In Wong V. Lui, the Court of Appeal for Ontario considered the interpretation of s. 15(4)(b) of the Limitations Act. Section 15(4)(b) of the Act provides that: 15 (4) The limitation period established by subsection (2) does not run during any time in which, (b)...
In this recent motion, the Ontario Superior Court of Justice considered the requirements for a party to succeed in obtaining what is otherwise privileged information. In Salamaszynski v Michael Garron Hospital, the Plaintiffs requested any correspondence between the...
During the course of a personal injury action, the route follows a typical fashion: the statement of claim creates an action, a statement of defence is filed, and the pleadings ‘close’, allowing for the matter to move through the legal system’s defined course. But...
Overview This is an appeal by the Basilian Fathers of Toronto of a jury verdict and an order for prejudgment interest. The Basilians claim the jury instruction on how to assess damages for past income loss was wrong, the punitive damages award was excessive, and...
Ontario courts have been signalling for some time now that a failure to treat pre-trial conferences seriously will have consequences. A recent Superior Court of Justice decision may be read as increasing the standard to which insurers will be held for their...
