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…
Case Summaries Category Archives
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…
A.K. v. Allstate Insurance, 2020 CanLII 14418 (ON LAT)
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…
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.