Heard: By written submissions. | Full Decision [PDF] In Prabaharan v. RBC General Insurance Company, 2018 ONSC 1186, Justice Stinson ordered the defendant to pay $2,600 in costs as the result of the defendant’s “flagrant disregard” for the Rules of Civil Procedure in failing to adequately prepare for a pre-trial conference (“PTC”).  Defence counsel had failed to request defence medical assessments until one week before the …

Conflicting Expert Evidence and the Importance of a Jury Notice in Summary Judgment Motions.

Court of Appeal distinguishes case from Childs v. Desormeaux and sets aside motion judge’s order dismissing the Plaintiffs’ claims on summary judgment. The door to a finding of social host liability is left open

The Plaintiff was injured in a motor vehicle accident. The matter proceeded to trial. Liability and damages were in dispute. Questions were presented to the Jury. Defence counsel took the position that the Jury should be asked to particularize the Defendant’s negligence, and to also particularize which of the Plaintiff’s injuries were caused by the crash.

The Appellant purchased a home from the Respondent. Due to a faulty design, the home leaked, and mould formed. The Appellant sued the Respondent for psychological and emotional injuries. Following a motion for summary judgment, the Appellant’s action was dismissed.

Div. Ct. Appeal from LAT re: AC and HK Limitation Period.