In the course of the last week, separate panels of the Court of Appeal have addressed the issue of whether a defendant’s offer to settle can produce an award of substantial indemnity costs when the plaintiff’s action has been dismissed. The…
In J. & P. Leveque Bros. v. Ontario, Madam Justice Templeton considered the new R. 31.05.1, which provides that “[n]o party shall, in conducting oral examinations for discovery, exceed a total of seven hours of examination, regardless of the number of…
In Madonis v. Dezotti, Master Ronald Dash discussed a practice problem that frequently occurs at examinations for discovery: counsel attempting to assist the witness by stating what he or she thinks the evidence should be. His reasons provide helpful guidelines…
In an important new decision, Mr. Justice J. Patrick Moore has refused to allow the defendant in a personal injury action to adduce expert testimony from three physicians who examined the plaintiff in connection with a claim for statutory accident…
In Fiddler v. Chiavetti, the Court of Appeal has held that the current maximum award for the loss of care, guidance and companionship under s. 61 of the Family Law Act, is $125,000. That amount represents the $100,000 award approved…
Last year, Mr. Justice Ted Matlow held, in Bensusan v. Ali, that motions for summary judgment had to be brought before a master. His Honour has now released a new decision in which he has concluded, correctly, in our view,…
The ruling of Madam Justice Alison Harvison Young in Bonaiuto v. Pilot Insurance Company show how the disposition of costs can transform a favourable trial outcome into a Pyrrhic victory. The plaintiff sought damages of $22,424.00 from her insurer as…
Mr. Justice Paul Perell has released a decision that discusses the effect to be given to Rule 48.04 of the Rules of Civil Procedure and its prohibition against initiating or continuing any motion or form of discovery without leave of…
Zurba v. Lakeridge Health Corporation is the first decision we have seen of a summary judgment motion decided under the amendments to Rule 20. Unfortunately, it suggests that “the new boss” bears a strong resemblance to “the old boss”. If…
Madam Justice Jane Ferguson has released a decision that will be of interest to civil litigation practitioners. Her reasons in Hayden v. Stevenson deal with a defendant’s offer to settle in a motor vehicle case, but the principles that she discusses…