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…
Case Summaries Category Archives
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.
Louis v. Poitras, 2021 ONCA 49
In a groundbreaking decision, the Court of Appeal for Ontario in Louis v. Poitras, 2021 ONCA 49, set aside the Divisional Court judgment and restored the motion judge’s order to strike the jury by reason of delay arising from the COVID-19 pandemic.
Z.K. v. Allstate Insurance Company Canada, 2020 CanLII 106429 (ON LAT)
In this case that went before the Licence Appeal Tribunal (“LAT”) following a seven-day hearing held in-person over the months of October and December 2019, the LAT determined that the Applicant had sustained a Catastrophic Impairment as a result of his motor vehicle accident of June 6, 2014…
Boone v. O’Kelly, 2020 ONSC 6932
In this case, the defence expert’s evidence was excluded entirely. The evidence was biased and unreliable from the beginning and was, therefore, inadmissible…