Articles

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.

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). 

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 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.

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.

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...

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.

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.

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.).

Topics covered this week included rectification of contracts (life insurance policy), third party assessments of lawyers’ accounts, wrongful dismissal (calculation of damages, including bonuses), aboriginal law (authority to amend lease of band lands), wills and estates (payment of interest on late distributions), condominium law (oppression and restrictions on use of common elements) and family law (constructive trust, Crown wardship).