I noticed recently that Justice Frederick L. Myers gave a decision in which he betrayed some unhappiness about so often having to adjudicate issues of costs. He made it clear that counsel should be able to settle costs and that if…
In TMS Lighting Ltd. v. KJS Transport Inc., Mr. Justice David Price made some comments about fixing partial indemnity costs that, I think, are noteworthy. He held unequivocally that the correct approach, at least in the first instance, is an objective…
I admit that this case may only be of interest to those of us acting for insurers and at discounted hourly rates. But in Sigma Capital Management Group Inc. v. KPMG LLP & Benzer Ltd. v. KPMG LLP, 2014 ONSC…
I happened to see, in Picicci v. 1485528 Ontario Inc., 2014 ONSC 6496 (CanLII), that Justice F.L. Myers ordered that documents be provided to him electronically: All documents to be delivered to me in this matter should be sent to the…
In Huber v. Way, 2014 ONSC 6535 (CanLII), Mr Justice Patrick J. Flynn was dealing with costs of a simplified procedure case in which, to his dismay, the trial had lasted eight days. He had given judgment to the plaintiff for…
In Collins v. Cortez, released today, the Court of Appeal departed from some lower court decisions that had held that a plaintiff intending to rely on the discoverability principle to postpone the commencement of a limitation period must plead in…
NOTE: The decision of Justice Morgan in Sanofi Pasteur Limited v. UPS SCS, Inc. et al., 2014 ONSC 2695 (CanLII), discussed in this post, was upheld in the Court of Appeal: 2015 ONCA 88 (CanLII). Also, the decision of Justice Metivier…
In a 2011 post, I commented on a decision of Justice Newbould, Enbridge Gas. v. Michael Marinaccio et al, 2011 ONSC 4962 (CanLII), in which the court suggested that where a plaintiff is a commercial business, compound interest ought to be the…
UPDATE, June 4, 2014: I learned yesterday, at a meeting of the Civil Rules Committee, that the appeal of this decision is to be heard by the Court of Appeal during the week of September 22, 2014. I understand that…
January 15, 2014. I understand that leave to appeal this decision has been granted. In Westerhof v. Gee (Estate), 2013 ONSC 2093 (CanLII), the Divisional Court (Matlow, Aston & Lederer JJ.) has addressed an area of the law that has…