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Johnson v. Brielmayer, 2021 ONSC 1245 (CanLII)

In this case, the plaintiff was successful in striking the defendant’s jury notice. This was the first decision out of the Toronto Region where a plaintiff was successful in striking the defendant’s jury notice…

Cowley v. Skyjack Inc. et al, 2021 ONSC 1303 (CanLII)

In this case, an Ottawa judge recently applied the Ontario Court of Appeal’s analysis in Louis v. Poitras, 2021 ONCA 49 to strike the jury notices filed. While the procedural history in this case is unique, the motion turned on a relatively straightforward analysis that confirms the prejudicial effect of delay…

Henry v. Zaitlen, 2021 ONSC 456

The Ontario Superior Court in Toronto recently dismissed the defendant’s motion to strike the jury notice in Henry v. Zaitlen 2021 ONSC 456, days after the Ontario Court of Appeal’s decision in Louis v. Poitras, 2021 ONCA 49…

Marshall et al v. Jackson et al

In this case, the discovery principles with respect to medical malpractice cases apply equally to solicitor’s negligence cases. Master Sugunasiri’s endorsement addresses a refusals motion brought within the context of a solicitor’s negligence case. The plaintiffs alleged, inter alia, that the defendant solicitor negligently drafted a will for an elderly testator who was incompetent and subjected to undue influence.

Z.K. v. Allstate Insurance Company Canada, 2020 CanLII 106429 (ON LAT)

In this case that went before the Licence Appeal Tribunal (“LAT”) following a seven-day hearing held in-person over the months of October and December 2019, the LAT determined that the Applicant had sustained a Catastrophic Impairment as a result of his motor vehicle accident of June 6, 2014…