I”ve just come from a motion before Master Calum MacLeod, where he provided to me and to opposing counsel a copy of his reasons in 90 George St. v. Reliance Construction, 2012 ONSC 1171 (CanLII). Upon returning to my office however,…
I don’t often burst out laughing when reading reasons for judgment (tears are more likely), but today’s offering from Justice David M. Brown was an exception. In Romspen Investment Corporation v. 6176666 Canada Ltée, His Honour was riding one of his…
Kariouk v. Pombo was a motion by the plaintiff to compel plaintiffs to answer undertakings given in the course of examinations for discovery. A commonplace type of motion, to be sure. But it is because such motions occur so frequently…
Khan v. Lee is an interesting decision of Master Joan Haberman. In this medical malpractice action, the defendant doctor had moved, under Rules 21.01 and 25.11, to strike the statement of claim. He filed no evidence on the motion. Counsel…
Fortini v. Simcoe (County), 2012 ONSC 1034 (CanLII) is an interesting case in which Madam Justice Susan E. Healey granted leave to appeal an order of Madam Justice Anne Mullins, requiring that the appellant (defendant) produce a second deponent for…
Master Ronald Dash has ordered that a secret agreement, entered into by defendants and a third-party in Moore v. Bertuzzi, 2012 ONSC 597 (CanLII), must be disclosed to the plaintiffs. In his reasons, the master undertook a comprehensive review of…
In Herbert v. Brantford (City), the Court of Appeal disallowed interest at one and two percent, compounded monthly, that had been awarded in relation to fees charged by the plaintiffs’ expert witnesses in a personal injury case. The Court said…
We recently ran across an interesting decision of Mr. Justice Frank Newbould, dealing with the issue of whether prejudgment interest should be compounded. In Enbridge Gas. v. Michael Marinaccio et al, 2011 ONSC 4962 (CanLII), he held that it should be….
In Ontario v. Rothmans Inc., 2011 ONSC 2504 (CanLII), Mr. Justice Paul Perell has analyzed in depth the proper bounds of cross-examinations on affidavits. He allowed an appeal from a ruling by Master Donald Short, in which the Master had…
In Lawless v. Anderson, 2010 ONSC 2723 (CanLII), Mr. Justice David M. Brown dealt with a small but potentially significant practice point: the appropriate use to be made of an opposing party’s examination for discovery transcript on a motion for…