Court Endorsement The Honourable Madam Justice Champagne of the Ontario Superior Court of Justice issued an Endorsement in a case called DeRochie v. Powell-Clow approving a resolution of a personal injury matter involving a party under disability. In this case, the injured party was a guest at his friend’s home.  Alcohol and drugs were a factor. In the course of his overnight stay at the homeowner’s residence, the guest …

Full Decision Background InLischuk v. K-Jay Electric Ltd, 2025 ABKB 460, the Alberta Court of King’s Bench awarded the plaintiff damages for a notice period of 26-months and found that “exceptional circumstances” existed to exceed the “rough upper limit of 24 months.” The Plaintiff’s Employment The plaintiff, Mr. Lischuk, began working for K-Jay Electric Ltd (K-Jay) when he was 23 years old. Mr. Lischuk started …

Full Decision Overview Sinclair v. Venezia Turismo, 2025 SCC 27, dealt with the question of jurisdiction under the real and substantial connection test, focusing specifically on whether a contract connected to the dispute at issue was made in the province. In 2017, the Sinclair family went on vacation to Europe, during which time Mr. Sinclair was injured in a water taxi accident. The Sinclair family had booked …

Full Decision Following this Rule 76 liability only trial, Justice Charles Hackland found the defendants, the property owner and snow and ice removal contractor, to both be liable for breaching their obligations under section 3 of the Occupiers’ Liability Act, resulting in the plaintiff’s injuries from his slip and fall. There was no evidence of contributory negligence on the part of the plaintiff. Facts The …

Full Decision A plaintiff’s last-minute motion to move a six-year-old action scheduled for trial under Rule 76 simplified procedure, citing that she was too unwell to participate in an ordinary trial, was denied by the court as a tactical move causing undue prejudice to the defendant. This decision emphasizes the importance of plaintiff’s counsel in determining strategy and best procedure from the outset of the …

Full Decision In a recent Ontario Court of Appeal decision, J.A. Lauwers granted an extension to move for leave to appeal to the Court of Appeal despite significant deficiencies in the filed matter because the ground of appeal was not without merit and it was in the interests of justice that the matter be heard. Background The appellants, who were self represented throughout this litigation, …