This is a summary for OTLA members with trials fast approaching in Central West – specifically Milton and Peel (Brampton). There are three recent decisions from late February and early March. These cases may be of assistance to OTLA members who are currently considering bringing motions to strike jury notices in these jurisdictions…
Case Summaries Category Archives
Gagnier v. Burns, 2021 ONSC 1971
In this case, the Plaintiffs successfully moved to strike the Defendant’s civil jury notice. This is the first decision of its kind in the Windsor-Essex region…
Beaudoin Estate v. Campbellford Memorial Hospital, 2021 ONCA 57
In this case, the Ontario Court of Appeal reversed the motion judge’s dismissal of the Plaintiffs’ medical negligence claims…
Johnson v. Brielmayer, 2021 ONSC 1245 (CanLII)
In this case, the plaintiff was successful in striking the defendant’s jury notice. This was the first decision out of the Toronto Region where a plaintiff was successful in striking the defendant’s jury notice…
Battison v. Microsoft Canada Inc., 2021 ONSC 1341
In this case, refusal to provide ‘costs estimate’ with R 49 Offer to Settle, disentitled Plaintiff to Substantive Costs Award post-trial-victory…
Cowley v. Skyjack Inc. et al, 2021 ONSC 1303 (CanLII)
In this case, an Ottawa judge recently applied the Ontario Court of Appeal’s analysis in Louis v. Poitras, 2021 ONCA 49 to strike the jury notices filed. While the procedural history in this case is unique, the motion turned on a relatively straightforward analysis that confirms the prejudicial effect of delay…