This recent court decision set aside a private arbitrator’s ruling that required the Motor Accident Claims Fund (“MVACF”) to administer the Statutory Accident Benefits (“SABS”) claim of a person injured in a snowmobile accident. Occupants injured in motor vehicle accidents have access to SABS, and which insurance company pays those benefits is subject to a……
News
Glassdoor Fails to Convince Court that Negative Review was of Public Interest
Employee’s Defamatory Criticisms of Employer Placed on Glassdoor’s Website was Not Protected by Anti-SLAPP Legislation Litigants sued in defamation often try to get the case against them thrown out early under section 137.1 of the Courts of Justice Act, R.S.O. 1990, c C.43: often referred to as an anti-SLAPP provision, where “SLAPP” stands for “Strategic Lawsuits……
Commercial Landlord Temporarily Stopped from Shutting Doors on Tenant
In this recent case, the court temporarily prevented a commercial landlord from closing the doors on a tenant operating a gym. The landlord felt that they had the right to lock the tenant out because of unpaid realty taxes allegedly owed by the tenant. Applications were brought over this alleged “default,” and the court allowed……
Commercial Landlord Denied Right to Sue Individual Owner of Defaulting Tenant Company
This recent decision shows how important it is for a commercial landlord to secure a personal guarantee from the owner of a closely held corporate tenant if the landlord wants to be able to pursue them in the event of default by the corporate tenant. Here the landlord failed to have any binding contract with……
Court Forces the Sale When Real Estate Seller Refuses to Close
This recent case deals with the problem when the seller of real estate refuses to close: namely, what remedy will be given by the courts. The penultimate question typically comes down to whether the court will order the sale of the property to proceed in accordance with the contract (known as “specific performance”), or whether……
Court Awards Costs at Double the Damages Awarded
The court recently released a cost endorsement in the neighbour nuisance case that I reported on in Use of Outdoor Wood Furnace Caused $40,000.00 in Nuisance Damage to Neighbouring Couple. The interesting issue in the cost endorsement was how to address a claim for costs that exceeded the damage award. In this case, the plaintiff……
Court of Appeal Once Again Confirms the Duty to Disclose Settlements to Remaining Parties
You may recall from my prior post entitled Duty to Immediately Disclose any Settlement that Changes the Litigation Landscape, wherein I outlined the case where the Court of Appeal confirmed that a party waiting three weeks to disclose a settlement to the remaining non-settling defendants was too long: the immediate requirement meant right away (ie:……
Choose Your Unlicenced Representative Carefully
Although this case stems from a tribunal case, it has implications in Superior Court as well: and perhaps most notably in Small Claims Court where it is commonplace for friends and family members to represent parties. In this bizarre case a wife sought to set aside a tribunal’s decision based on the allegation that the……
Taking away Plaintiff’s Choice of Court Location isn’t Always Easy
In this recent case, the defendant brought a motion to change the court location from Kitchener to London, which in this instance seemed to be on fairly good grounds: all the parties lived in London, the car accident occurred in London, and most of the witnesses would reside in London. However, despite all these connections……
First Decision to Interpret the New Rules on Late Delivery of Expert Reports
In my post on the new rules that came into force on March 31, 2022, pertaining to the service of expert reports, this recent decision is the first to be released touching on its interpretation in connection with a motion seeking leave to have the trial adjourned. The case involved a plaintiff starting a personal……
Defaming Plaintiff on Social Media Cost Poster $100,000 in Damages
In this case, the defendant was noted in default and the judge proceeded to assess the plaintiff’s claim for damages for defamation arising from a series of postings on a multitude of websites, calling the plaintiff a racist amongst many other unflattering things. The judge had no difficulty concluding that the postings were defamatory of……
A Slap on the Butt Could End Up With Your Butt out the Door
In this recently released decision, the Ontario Court of Appeal upheld the dismissal for cause of a 30-year employee in managerial role after he slapped a female accounts manager in the buttocks during some friendly office banter amongst co-workers. The office banter was commonplace, and sometimes included male employees tapping each other on the buttocks……
Lawyer’s Slip and Fall claim at Courthouse Dismissed
In this recent decision, a lawyer who was a frequent attendee at the courthouse, lost his slip and fall case on the grounds that the level of cleaning and inspection at the courthouse, in conjunction with the “careful placement of mats at the entrances of the Court House, and daily installation of Signs throughout the……
Claims Related to Sexual Assault Have No Limitation Period in Ontario
In Ontario, sexual assault related claims have no limitation period, and in this recent decision, the Ontario Court of Appeal approved of a plaintiff amending her claim to include a sexual assault claim, which thereafter acted as a shield to protect her other non-sexual assault tort claims. In effect, the Ontario Court of Appeal allowed……
Verbal Contract can be Just as Enforceable as a Written Contract
This recent decision illustrates that in the right circumstances, a verbal contract is just as enforceable as a written contract. In this case, two people agreed to purchase a home together, which ultimately would require them to tender a down payment on a new construction home. The problem, however, was that when it came time……
Pharmacists Owe a Duty to Discuss Potential Side Effects when Dispensing Drugs that are New to a Patient
The court confirmed that a pharmacist owes a duty of care to discuss potential side effects when dispensing drugs that are new to a patient, and this duty exists regardless of whether the patient received the same information from another source. However, even if a pharmacist breached this duty, it doesn’t mean that liability will……
New Ontario Civil Rules Change the Conduct of Pre-trial Conferences and Expert Report Protocols
Starting today, March 31, 2022, there are new Ontario rules of civil procedure governing pre-trial conferences, and the requirements to tender expert reports, as follows: At the evidentiary level: Pursuant to a new rule 50.03.1, every party to an action will be required to certify whether they intend to rely on expert evidence at trial……
New Trial Ordered Because of Insufficient Causation Analysis in Medical Malpractice Case
In my prior blog discussing how a Small Claims Court trial decision was set aside and a new trial ordered because of the insufficiency of reasons (click here to read), this recent appellate ruling is an example where a Superior Court trial decision was set aside and a new trial ordered due to the insufficiency……
A Civil Litigant Cannot Be their own Medical Expert
The Plaintiff in this case wanted to be his own medical expert and rely on his own reports during a summary judgment motion in a medical malpractice lawsuit alleging that the defendant doctors were negligent in failing to diagnose his Lyme Disease on a timely basis, or at all. The defendant doctors asked the court……
When an Opposing Party Fails to Attend at a Hearing
The Divisional Court ruled that despite the absence of any formal requirement, in certain situations it would be prudent for courts or tribunals to call parties who fail to attend at the start of a hearing. Absenteeism at hearings is not unusual, and it often raises a dilemma for the presiding judge or arbitrator. Indeed,……
Person Signing Cheque in Trade Name rather than Corporate Name Remains Personally Liable if Cheque Bounces
In this recent court decision a person was held personally liable on a bounced cheque made on a business name, a result that was upheld on appeal to the Ontario Court of Appeal. Indeed, the appellate court came to this conclusion is a very terse decision that said Section 131(1) of the Bills of Exchange……
Small Claims Court Trial Decision Set-Aside and New Trial Ordered Because of Insufficiency of Reasons
Often Deputy Judges are placed in a very difficult position because they are pressured on one end to release judgments quickly and ideally immediately following the hearing, juxtaposed against the pressure to release decisions with sufficient reasons, failing which their decisions will be set-aside and a new trial ordered: something that any judge wants to……
Claim against Doctors Summarily Dismissed on 15 Year Ultimate Limitation Period
In this recent case, the doctors successfully brought a motion to dismiss the claim against them based on the 15 year Ultimate Limitation Period in the Limitations Act 2002 S.O. 2002, c.24 (the “Act”). In brief, the surgery was performed in 2004, and the claim was commenced in 2020, more than 15 years later. Despite all……
No Insurance Coverage for Vendor being Sued for Selling Property with Underground Storage Tanks
In this recent case, a Purchaser sued the Vendor who sold the property with two hidden underground storage tanks (“USTs”). The cost to have the USTs removed was potentially very significant. The Vendors brought a motion to get their insurance company to defend them, and if a judgment was rendered against them, to get the……
Negligently Prepared Marriage Contract Results in Successful Solicitor Negligence Claim Against Lawyer
In this court ruling released yesterday, the lawyer was ordered to pay almost $1Million for negligently preparing a Marriage Contract that was intended to shield certain assets from equalization during a subsequent divorce. In the end of this trial, the court concluded that the client proved, “on a balance of probabilities that the …(defendant lawyers)………