Articles

About ArticlesLes articles ci-dessous sont publiés par la Section du litige civil de l'Association du Barreau de l'Ontario. Les membres sont invités à soumettre des articles.  A propos des articles.

Rédacteurs : John Polyzogopoulos, Nastaran Roushan

Aujourdʼhui
Aujourdʼhui

Court of Appeal Clarifies Rules Regarding Contact with Experts

  • 03 février 2015
  • Visnja Jovanovic

The Ontario Court of Appeal handed down its highly anticipated decision in Moore v. Getahun. The decision provides much needed guidance for litigators and their clients in relation to the role of counsel in interacting with an expert witness in the preparation of an expert’s report.

Litige civil

Court of Appeal Summaries (January 26-30, 2015)

  • 03 février 2015
  • John Polyzogopoulos

Below are summaries of this week’s Ontario Court of Appeal civil decisions (non-criminal). The court’s long-awaited decision on expert reports in Moore v Getahun was released. The court has provided counsel with some much needed guidance on dealing with experts and the extent of disclosure obligations in respect of those dealings.

Litige civil
Is Paper What Ails the Justice System?

Is Paper What Ails the Justice System?

  • 30 janvier 2015
  • Lindsey Beck, Lenczner Slaght

Is paper really at the heart of the legal system’s access to justice woes? At least one (now former) Superior Court judge seems to think so.

Litige civil

Follow the Rules when Creating a Discovery Plan

  • 26 janvier 2015
  • Wortzmans

While discovery plans are an important step in every matter, in Ontario, the Rules of Civil Procedure requirements must be followed to ensure the plan is binding

Litige civil

Blaney's Court of Appeal Summaries (Jan. 19-23, 2015)

  • 26 janvier 2015
  • John Polyzogopoulos

Below are summaries for this week’s Ontario Court of Appeal civil decisions (non-criminal). Noteworthy topics include conflict of laws, charging orders under the Solicitors Act, limitation periods, spousal support, construction liens, administrative dismissal for delay, corroborative evidence, and set-offs in the context of bankruptcy and insolvency.

Litige civil

Blaney's Court of Appeal Summaries (January 5-9, 2015)

  • 10 janvier 2015
  • John Polyzogopoulos

The following are the Ontario Court of Appeal Summaries for the week of January 5-9, 2015. Noteworthy topics covered below include abuse of process, appellate procedure, negligence and expert evidence admissibility. A special mention to Blaney’s own Roger Horst and Rafal Szymanski for their positive result in Meady v. Greyhound Canada Transportation Corp. A job well done!

Litige civil

COURT OF APPEAL SUMMARIES (DECEMBER 22 - 26, 2014 AND DECEMBER 29, 2014 - JANUARY 2, 2015)

  • 10 janvier 2015
  • John Polyzogopoulos

Perhaps the most significant decision released in the last two weeks was the decision in PS v Ontario, in which a five member panel of the Court of Appeal declared certain provisions of the Mental Health Act unconstitutional for not providing the Consent and Capacity Board with enough powers to appropriately deal with involuntarily detained persons suffering from disabilities.

Litige civil