Despite concerns regarding the credibility of the parties, Justice Dow grants Summary Judgment in “very exceptional case where the paper record was sufficient to reach a fair conclusion”
Case Summaries Category Archives
Leon v. Toronto Transit Commission, 2016 ONSC 3394 (CanLII)
The Divisional Court provides an analysis on the law on spoliation and the relevance of medical records more than 5 years pre-accident.
Romanoski Estate v. Seburn, 2016 ONSC 3481 (CanLII)
The mother pregnant with the deceased’s child is entitled to claim pursuant to section 61 of the Family Law Act.
Humphrey v. Attorney General of Canada, 2016 ONSC 2659
The Court ordered that it was just and convenient to conduct examinations for discovery by way of video conference based on Rule 1.04 and Rule 37.04. The Midland decision clearly states that where a party resides outside of Ontario, neither party has a prima facie right with respect to the place of examination. Equally, there is no presumption for or against video conferencing. The test for determining the location of examinations is what is just and convenient for both parties based on circumstances of the case.
Campbell v. Bruce (County), 2016 ONCA 371
The Court of Appeal upheld the trial decision of Justice M.A Garson. The County of Bruce (Bruce) as occupier, was liable for the Plaintiff’s injuries for failing to take reasonable care. No damages were dealt with at trial.
Corbett v. Odorico, 2016 ONSC 2961
Superior Court Motion for costs of trial by successful plaintiff. The sought costs exceeded the award recovered at trial. The court decides that over-emphasis on proportionality may serve to under-compensate a litigant for costs legitimately incurred