Case Summaries Category Archives

Rooplal v. Fodor, 2021 ONCA 357

In this case, the Court of Appeal for Ontario confirmed that a claim against an insurer for indemnification under s. 265 of the Insurance Act does not start to run until the insurer fails to satisfy a demand for indemnification…

Smith v. Nagy, 2021 ONSC 4265

The defendant’s Anti-SLAPP motion to dismiss the defendant’s defamation lawsuit was dismissed. The defendant, and former wife of the plaintiff, publicly shared a post on Facebook alleging sexual, physical and emotional assault. While the statement was found to be a matter of public interest, the plaintiff successfully established that the claim had substantial merit and the defendant had no valid defence…

Aviva Insurance Company of Canada v. Danay Suarez, 2021 ONSC 6200

The Divisional Court decision of Aviva v. Suarez is a recent SABS decision that has important ramifications for the public pertaining to the access to injury victims of benefits provided for in the Statutory Accident Benefits Schedule…

Shafique v. Cowie and Pereira, 2021 ONSC 3032

The defendant brought a motion pursuant to Rule 26.02(c) of the Rules of Civil Procedure for an order granting the defendants leave to amend their statements of defence to plead the legal doctrine of spoliation. Justice Turnbull J. adjourned the motion so that the defendant could return with a proper evidentiary basis to support the motion.