Plaintiff’s Claim Dismissed due to Insufficient Evidence on Summary Judgment Motion
Case Summaries Category Archives
Lexfund v. Ferro et al., 2016 ONSC 4113 (CanLII)
Interest rate on litigation loans reduced due to failure by loan company to comply with Consumer Protection legislation.
Vlanich v. Typhair, 2016 ONCA 517 (CanLII)
Township not liable to injured plaintiffs for failing to enforce taxi insurance bylaw.
Baradaran v. Alexanian 2016 ONCA 533
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.
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.