Costs on a Motion – Allegations that impugn the professional integrity of opposing counsel and are unproven warrant a punitive award of costs and will result in an award on the substantial indemnity scale.
Case Summaries Category Archives
Jeliazov v. John Doe, 2015 CarswellOnt 14677
Released September 28, 2015 | Full Decision [OTLA Document Bank] This was a summary judgment motion seeking to dismiss the action against the defendants, Economical Insurance Group and its subsidiary, Perth Insurance Company. On July 5, 209, the plaintiff, Dimitar Jeliazov was struck on his motorcycle by an unidentified motorist. He had taken possession of the motorcycle on June 29, and had not yet informed …
Parasiliti v. Beatty, 2015 CarswellOnt 15370
Released Octiober 8, 2015 | Full Decision [OTLA Document Bank] This action in medical negligence was brought following an incident where the plaintiff, Rosetta Parasiliti, injured her hand while walking a friend’s dog. She suffered three comminuted fractures to three left fingers. The attending physician, Dr. Lee performed a closed reduction and casted the hand on August 31, 2008. On September 4, 2008, Ms. Parasiliti …
Forestall v. Carroll, 2015 CarswellOnt 14272
Released Semptember 23, 2015 | Full decision [OTLA Document Bank] This was a motion before the Divisional Court for leave to appeal an order dismissing a summary judgment motion. The defendant, Elizabeth Carroll had pleaded that she was driving her mother, the defendant Celina Carroll’s car with permission. Apart from the presumption of permission, all other evidence, including the sworn testimony of both defendants on …
Dhawan v Wehbe, 2015 ONSC 6104 (CanLII)
Released October 15, 2015 | CanLII This motion concerns a plaintiff’s efforts to set aside an administrative dismissal order dated November 26, 2014 to permit reinstatement of the proceeding and to extend time to set the action down for trial. The action was commenced in 2008 and at the time of the motion, the plaintiff’s counsel missed deadlines to set it down. The defendant consented …
Evans v. Canusa Automotive Warehousing Inc., 2015 ONSC 6406 (CanLII)
Released October 16, 2015 | CanLII This endorsement on costs concerns the plaintiffs’ effort to escape an adverse costs award after their action was dismissed following the defendants’ successful summary judgement motion. The plaintiffs requested there be no cost order on the basis of their impecuniosity, which they sought to substantiate by filing an affidavit stating they had accumulated debt and tax liabilities in excess …