Summary judgment motions on the issue of liability are not appropriate where the credibility of witnesses are important, there is insufficient evidence on the record to evaluate credibility and a mini-trial is not appropriate in the circumstances of the case.
Case Summaries Category Archives
Mikolic v. Tanguay, 2015 ONSC 71 (CanLII)
The Divisional Court concludes that accident benefit settlements encompassing both past and future benefits are deductible against global damages awards without regard to apportionment between past and future amounts.
Martin-Vandenhende v. Myslik, 2015 ONCA 806
Court of Appeal substitutes its own finding on liability in 2001 MVA case.
Nikolakakos v. Hoque, 2015 ONSC 4738 (CanLII)
Letter of instruction to defence medical/legal expert not ordered produced until defendant decides to call that expert at trial.
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.