Canada Trustco Mortgage Co. v. Canada [2011] S.C.C. 36 January 30, 2012 This recent Supreme Court of Canada decision could restrict the ability of judgment creditors to garnish bank transactions. This is a somewhat esoteric banking law case, but it may impact basic debtor/creditor and collection law, the standard fare of many civil, commercial and even family litigators
The Threshold Motion Should Be Considered by Defendants When the Plaintiff’s Oral Evidence Contradicts the Medical Evidence November 04, 2011 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.
Seeking Voluntary Compliance with Foreign Letters of Request November 04, 2011 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).
Failure to Renew Writ of Execution Within 20-year Limitation Period Bars Enforcement November 04, 2011 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...
Defence Before Certification: A Debate of the Pros and Cons November 01, 2011 Margaret L. Waddell, Jean-Marc Leclerc The debate over the likely ameliorative or exacerbating effects on certification of class actions arising from the recent decision in Pennyfeather v. Timminco has been heated.
Class Actions: Damage Awards for Family Law Claimants Outside of Ontario October 06, 2011 Sally Lee, Sonya Diesberger In national class action lawsuits where putative class members have suffered injuries, Family Law Act claimants (“FLA Claimants”) residing outside of Ontario may be excluded from damage awards.
Case Comment: iTrade Finance Inc. v. Bank of Montreal October 06, 2011 Joshua Siegel Fraud remains an ever present, if not growing, feature of the business and legal landscape in Canada. As is so often the case, the legal contest which arises from fraudulent activity lies between two innocent parties, while the fraudster...
Message from the Chair October 06, 2011 Colin Stevenson Judicial mediation, mediation roster rates, the recent position paper from the College of Physician & Surgeons of Ontario on experts. Just three of the important issues the Civil Litigation Executive is considering on behalf of OBA litigation lawyers.
The Dangers of Dabbling in the Federal Court: Be aware of the differences in practice and procedure October 04, 2011 Kevin Fisher For many litigators who do not regularly appear in the Federal Court it can be quite intimidating. Many practises and procedures in the Federal Court, while similar in many respects to those of several other jurisdictions, such as Ontario, are also quite different in many respects.
Case Comment: Southcott Estates Inc. v. Toronto Catholic District School Board October 04, 2011 Brett Moldaver On November 17, 2011, the Supreme Court of Canada will hear an appeal of a noteworthy decision of Ontario Court of Appeal (the “CA”) Southcott Estates v Toronto Catholic District School Board, 2010 ONCA 310; (leave to appeal) [2010] S.C.C.A. No.256.).