This appeal to set aside the dismissal order was allowed on the basis that prejudice to the defence existed regardless of the Appellant’s delay. The factor of delay by itself is not sufficient to deny the Appellant’s request to reinstate the action.
Einav Shlomovitz
Einav practices exclusively in civil litigation. Her practice focuses on motor vehicle accident, accident benefits, occupier’s liability, slip/trip and falls, dog bites, medical malpractice, solicitor negligence, class action, employment and sexual assault claims.
During her free time, Einav takes improv and Spanish lessons. She enjoys being active, traveling, and spending time with family and friends.
Puri Consulting Limited v. Kim Orr Barristers PC, 2015 ONCA 727 (CanLII)
In this appeal, the Court of Appeal found that even if the plaintiff’s offer to settle does not specifically provide for the inclusion of costs, the plaintiff would be entitled to it pursuant to rule 49.07(5)(b). Further, even if words in the offer are believed to be ambiguous or unambiguous, the meaning of those words can only be properly ascertained by considering the entire context in which the offer was made.
Farhat v. Monteanu, 2015 ONSC 2119 (CanLII)
In this summary judgment motion, Perell J. of the Ontario Superior Court of Justice held that a person cannot always be expected to commence an action before he or she knows that the injuries surpass the threshold, which may not always be apparent on the date in which the accident occurred.
Carioca’s Import & Export Inc. v. Canadian Pacific Railway Limited 2015 ONCA 592 (CanLII)
Released September 2, 2015 | CanLII In August 2006, a fire spread from land owned by the respondent, Canadian Pacific Railway Ltd. (“CPR”), to land owned by the applicant, Carioca’s Import & Export (“Carioca”). Carioca alleged that the fire spread due to CPR’s negligence and claimed against CPR for the alleged damage that it caused. In June 2009, Carioca set the action down for trial, and …
Romanko v. Nettina, 2014 ONSC 5153
Released September 8, 2014 | CanLII The insureds, Victor Romanko and Teareasa Romanko, were Ontario residents were injured in a motor-vehicle accident while driving in New York State. The insureds brought an action in Ontario against the driver and owner of the other vehicle involved in the accident, Dennis Nettina, a resident of New York State, and the Romanko’s automobile insurer, the Co-operators General Insurance …
Silvera v. Olympia Jewellery Corporation, 2015 ONSC 3760
Released June 15, 2014 | CanLII Ms. Silvera – who had worked at Olympia Jewellery Corporation as a receptionist/administrative assistant – was fired after a two week absence from work due to dental surgery. At the time, she earned $28,000 a year, and had worked for the employer for a year and a half. She brought an action against Olympia for wrongful termination and against …
