In what is apparently the first case to consider the issue, Master R. Dash has held that communications passing between a paralegal and his client were privileged from production in a civil action. The case is an interesting one, partly…
In Olivieri v. Sherman et al., the Court of Appeal today allowed an appeal from a decision of Justice Colin Campbell, in which His Honour had refused to enforce a settlement of a defamation suit, involving claims for millions of…
In 539091 Ontario Ltd. v. Allianz Insurance, Madam Justice Helen Pierce was dealing with various proposed amendments to the statement of claim in a fire insurance case. The motion raised several interesting issues but of particular note was the request of…
UPDATE: We have learned that the plaintiffs have sought leave to appeal Justice Power’s decision. We will report the outcome of that motion, which is to be heard on July 20, 2007. It is our understanding that the main (although not the…
After yesterday’s decision by the Court of Appeal in Prudential Securities Credit Corp., LLC v. Cobrand Foods Ltd., we are unlikely to see many more motions for non-suit in this province. The Court said that the procedure “has little practical…
In Guindon v. VIA Rail, an interesting (but unusual) case, Master Robert Beaudoin ordered that ViIA Rail was not bound by the deemed undertaking rule (Rule 30.1) where the plaintiff had uttered threats in the course of an independent medical…
Back in January, we posted a commentary about the Divisional Court’s decision in Smith v. London Life. The case dealt with production of an insurer’s file in a first party claim that was based on allegations of bad faith on…
It is well-established that solicitor-client privilege will be lost where the communication between lawyer and client is in furtherance of a crime. In Dublin v. Montessori Jewish Day School of Toronto, Mr. Justice Paul Perell ruled that the same result follows…
In Rivera v. Leblond, Madam Justice Julie Ann Thorburn was asked to approve the settlement of the claim of a cyclist who had suffered a serious head injury when struck from behind by an automobile. In the course of her…
In Shuker v. Gagne, Mr. Justice Barry Matheson of the Ontario Superior Court refused to permit the plaintiffs to amend their statement of claim, to plead that a defendant who had already been sued in the capacity of owner of a…