We saw a fascinating story in today’s New York Times, about Thomas A. Cox, a retired lawyer whose zealous representation of a pro bono client exposed serious and widespread improprieties in the avalanche of mortgage foreclosures now going on in…
In Agribrands Purina v. Kasamekas, 2010 ONSC 2597 (CanLII), Mr. Justice Michael G. Quigley wrote fairly extensive reasons on the issue of how prejudgment interest should be calculated on a cause of action that arose in 1992 and in which…
In Adams v. Cook, a five-member panel of the Court of Appeal declined to change the ground rules laid down in 1992, in Bellamy v. Johnson (1992), 8 O.R. (3d) 591(C.A.), as to when an audio recording of a defence medical examination…
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…
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,…
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…
This law will probably have a short shelf life, but it is topical right now. In Onex Corporation v. American Home Assurance, Justice Edward Belobaba has held that a motion for summary judgment that was served in 2009 but to…
At the trial of Pitney Bowes of Canada v. Noia, 2009 CanLII 63372 (ON S.C.), Mr. Justice Douglas K. Gray awarded to the plaintiff damages of $13,400.57 which was slightly more than half of the amount that had been claimed….