The Court of Appeal confirmed that it is inappropriate to treat a motion to strike portions of a Statement of Claim as a summary judgment motion by examining evidence on the merits of the action.
Case Summaries Category Archives
Wong v. Salivan Landscape Ltd., 2016 ONSC 4183
The limitation period against a security firm contracted to perform winter maintenance at a condominium property did not begin to run before the plaintiff had actual knowledge of the security firm’s responsibility. Plaintiff’s counsel’s property searches, notice letters and reliance on information obtained from the property owner constituted due diligence.
State Farm Mutual Automobile Insurance Company v. Aslan et al., 2016 ONSC 2725
An April 13, 2016 decision by Justice Hackland in Ottawa has provided further guidance on the notice requirements before an insurer can perform a section 33 Examination Under Oath. A generic statement that the insurer requires an examination under oath to determine the insured’s entitled to statutory accident benefits will not suffice.
McMillan v. Adeite, 2016 ONSC 3918
Discoverability principle extends limitation period when Plaintiff not advised of serious condition by doctor
Zaravellas v. Armstrong, 2016 ONSC 3616
A good refresher on the test for Gross Negligence
Mazzucco v. Herer et al., 2015 ONSC 7083
Mazzucco v. Herer Signals a “New Era in the Private Insurance Exception”