This is a decision about the credibility of interested witnesses, the standard of care to be applied to children, and generally accepted inferences.
Case Summaries Category Archives
Pelchat v. Brown, 2016 ONSC 6754
This is a decision about default judgment between crossclaiming defendants.
Kwok v. Abecassis and the Personal Insurance Company, 2016 ONSC 7391
This is a decision about when it is appropriate to strike a jury on the grounds of complexity.
Sutharsan et al. v. Stonehouse, CV-15-122624
This is a decision about the admissibility of a 911 call after a motor vehicle accident for the truth of its contents.
Choma v. City of Toronto, 2016 ONSC 5510
Given a proper evidentiary record, a Court may draw reasonable inferences and grant summary judgment in favor of a party who is seeking to prove that, on the balance of probabilities, an event is unlikely to have occurred, so long as the party can show that it exercised due diligence and that a trial would not change anything in that regard or show different evidence.
Bishop-Gittens v. Lim, CV-11-00107056-0000
In considering the issue of costs, factors taken into account include: 1) the rates charged and the hours spent by the plaintiff’s counsel; 2) the amount claimed and the amount recovered by the plaintiff; 3) the complexity of the proceeding and the importance of the issues; 4) the conduct of any party that tended to shorten or lengthen the proceeding; 5) whether the action should have been brought under the simplified rules pursuant to Rule 76; and 6) the reasonableness of the costs.