Ontario Court of Appeal Tag Archives

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…

Put the phone down! Ontario’s Top Court sends strong message to distracted drivers

The Ontario Court of Appeal delivered two decisions on Friday, September 26, 2013, which make it very clear that even holding a cellphone while driving constitutes an offence. The decisions will make enforcement of s.78.1(1)of the Highway Traffic Act much easier for police as the Court found that there is no requirement for the Crown to actually prove the device was being used or was …