In this case, the Applicant was the seat-belted driver of a vehicle that struck a median, spun out of control, struck another vehicle and came to rest after hitting the guardrail in July, 2010. The Applicant submitted an application for catastrophic determination, which was denied by the insurer…
Case Summaries Category Archives
Francisco v. Li, 2021 ONSC 1032
In this case, the motion to strike the defendant’s jury notice due to delays caused by the COVID-19 pandemic was brought pursuant to r. 47.02 of the Rules of Civil Procedure…
Champoux v. Jefremova and Khodabandehloo, 2021 ONCA 92
In this case, the Court of Appeal found that the trial judge’s reasons for dismissing the claim were insufficient, did not permit proper appellate review and sent the matter back for retrial. The Court of Appeal also gave important reasons on the defendant’s attempt to withdrawal an admission made in a Request to Admit.
Henry v. Zaitlen, 2021 ONSC 456
The Ontario Superior Court in Toronto recently dismissed the defendant’s motion to strike the jury notice in Henry v. Zaitlen 2021 ONSC 456, days after the Ontario Court of Appeal’s decision in Louis v. Poitras, 2021 ONCA 49…
Marshall et al v. Jackson et al
In this case, the discovery principles with respect to medical malpractice cases apply equally to solicitor’s negligence cases. Master Sugunasiri’s endorsement addresses a refusals motion brought within the context of a solicitor’s negligence case. The plaintiffs alleged, inter alia, that the defendant solicitor negligently drafted a will for an elderly testator who was incompetent and subjected to undue influence.
Armstrong v. Ward, 2021 SCC 1
In this case, the Plaintiff appealed the majority decision of the Ontario Court of Appeal and was granted leave in May 2020. The case was argued before the Supreme Court of Canada (SCC) on January 18, 2021. The SCC released their decision from the bench on the day of argument, siding with the plaintiff and adopting the dissenting reasons of Justice van Rensburg.