Justice Mary J. Nolan of the Ontario Superior Court dismissed a slip and fall action against homeowners whose property lay next to a municipal sidewalk. In Peterson v. Windsor, The plaintiff had slipped on the sidewalk and sued both the…
In actions brought under simplified procedure (also known as “Rule 76” actions), the plaintiff’s claim is generally limited to a maximum of $50,000. Examinations for discovery and pre-trial cross-examinations aren’t allowed. The whole process is supposed to be streamlined so as to reduce…
Two cases today addressed the question of when a settlement is enforceable. One was a Court of Appeal decision: Mohammed v. York Fire and Casualty Insurance Company. The other was a decision of Justice Denis Power of the Ontario Superior…
In Bach v. McKellar, released this afternoon, Master Robert Beaudoin dealt with a situation that arises frequently in insurance litigation. The claim arose out of a motor vehicle accident. The original pleading, issued within the two-year limitation period, claimed damages…
In a decision released this afternoon, the Court of Appeal has taken a rather narrow view of the powers of lower court judges to decide legal issues prior to trial. It is well-recognized, that motions judges may not decide factual issues,…
Two Superior Court decisions released this afternoon contain some interesting observations with respect to the law of privilege. (Admittedly, some of our subscribers might quarrel with the juxtaposition of the adjective, “interesting”, with the phrase, “law of privilege”.) Before we…
A Superior Court judge today dealt with a question that arises frequently in civil litigation: to what extent must “the findings, opinions and conclusions of an expert” be disclosed to an opposing party prior to trial? In Lecocq Logging Inc….
The Supreme Court of Canada has today released an interesting decision in which it has reaffirmed the standard of review to be applied by appellate courts in Canada : “palpable and overriding error”. In H.L. v. Canada (Attorney General), the…
In Hussain v. Uddin, Mr. Justice Gerald F. Day has taken the somewhat unusual step of granting a defence motion for summary judgment in an action arising out of a motor vehicle accident. The moving defendants, Mr. and Mrs. Noack,…
It is not uncommon these days to see parties, usually defendants, ask for a “bifurcated trial”. In most cases, this means that liability would be tried first and then damages would be assessed at a later date, in a second…