Failure to Renew Writ of Execution Within 20-year Limitation Period Bars Enforcement
 

By Antonin I. Pribetic

Kovachis v. Dunn, 2011 ONSC 4174 (CanLII) confirms that failure to renew a writ of fieri facias (also referred to as a writ of seizure and sale or writ of execution) within the 20-year limitation period under the old Limitations Act, R.S.O. 1990, c. L.15 (the old Act) results in a time-bar of the enforcement of the underlying judgment under the transition provisions of the Limitations Act, 2002, S.O. 2002, C. 24, Sch. B, (the new Act).
 

OBA Strikes Judicial Mediation Taskforce
 

By David Sterns

The topic of judicial mediation sparks much debate among the bar and the judiciary alike. At the heart of the debate is the fundamental question of whether judges should be directly involved in mediating disputes before the courts at all, at any time.  If so, should the process be made transparent and regulated, or left in its current state of unwritten unofficialdom?

Seeking Voluntary Compliance with Foreign Letters of Request
 

By Marko Trivun

A letter of request (or letter rogatory) is a request from a foreign court asking the Ontario court to assist in the gathering of evidence for a foreign legal proceeding, either by compelling testimony under oath or by ordering the production of documents for use at trial (or both).  The underlying principle which justifies the intrusion letters rogatory have on a country’s sovereignty is the comity of nations.  Ontario courts “must balance the possible infringement of Canadian sovereignty with the natural desire to assist the courts of justice of a foreign land.”  Canadian sovereignty in this sense means the prejudice and burden imposed on the non-party citizen who is the subject of the letter of request.

The Threshold Motion Should Be Considered by Defendants When the Plaintiff’s Oral Evidence Contradicts the Medical Evidence
 

By Robert McGlashan

When defending a plaintiff’s claim for damages allegedly sustained in a motor vehicle accident, a defence that should be considered is the argument that the plaintiff’s damages do not meet threshold.

The purpose of this article is to discuss the recent case of Clark v. Zigrossi, [2010] O.J. No. 4266 where the court held that the plaintiff did not meet threshold.

2011 OBA Award for Excellence in Civil Litigation
 

On October 25, 2011 the OBA Civil Litigation Section hosted a special awards dinner in Toronto to honour the 2011 winner Harvey A. Strosberg, QC. This event would not be possible without the generous support of our sponsors.

Award Sponsor

The OBA extends special thanks to the  Award Sponsor of the Excellence in Civil Litigation Dinner, Navigant Consulting Inc.

The OBA would like to thank the following sponsors for their generous support:

Editors:
Robert McGlashan