An odd decision from the Court of Appeal today in Aristorenas v. Comcare Health Services. At trial, the plaintiff was awarded damages of $55,000 and costs were agreed upon at $115,000. The parties also agreed that the costs did not…
In Laporte v. Ridgewell, Master Lou Anne M. Pope ordered the defendants to pay costs where the claims representative of the defendants’ insurer balked at travelling from outside Windsor for a mediation. The defendants had proposed to have the claims representative participate…
In Scaini v. Prochnicki, the Ontario Court of Appeal reviewed the jurisprudence dealing with setting aside an order made by the registrar of the Superior Court, dismissing an action for failure to place it on a trial list within two…
In Smith v. London Life Insurance Company, the Divisional Court reversed an order made by Superior Court Justice Gordon Thomson, who had directed the defendant London Life to produce “its entire claims file arising from a prior action between the parties, including…
The decision of Mr. Justice David M. Brown in Caci v. MacArthur raises some interesting questions relating to apportionment of fault. It also applied to this MVA action a line of decisions in sexual abuse cases, where defendants had not been…
In High Parklane Consulting Inc. v. Royal Group Technologies Limited, Mr. Justice Paul Perell struck out a claim for intentional infliction of mental distress, brought by the principal of a company that was itself a plaintiff, suing for breach of…
In a decision released last Friday, the Court of Appeal sent a strong message to the trial bench: be very careful about incorporating into judgments excerpts from the arguments of counsel. The case is 2878852 Canada Inc. v. Jones Heward…
In Meuwissen v. Strathroy Middlesex General Hospital, the Court of Appeal ruled that a lower court judge had erred in ordering a hospital and a physician to produce certain documents in connection with a lawsuit that had not yet been…
Mr. Justice Bruce Glass of the Superior Court has made a ruling that will interest trial lawyers (and few others). Morrison v. Greig was a personal injury action. At trial, defence counsel elected not to cross-examine the plaintiff while the latter was in…
In a decision that will be very useful for the practising bar, Master Calum MacLeod has established a list of guidelines on proper practice at examinations for discovery. In Iroquois Falls Power Corp. v. Jacobs Canada Inc., a commercial case, a…