A motion for summary judgment is one of the methods available to shorten the length and cost of civil actions in Ontario. A party to litigation can request a matter be decided without a formal trial if they can demonstrate that there is no genuine issue to be decided at trial. The leading decision on […]
Category Archives: Litigation & the Law
Liability for COVID-19 Transmissions Limited as Part of Ontario’s Recovery
Ontario’s Ministry of the Attorney General has been anticipating a potential rush to litigation by parties seeking damages for injuries suffered as a result of COVID-19. In order to combat this, the Attorney General proposed a new piece of legislation, called the Supporting Ontario’s Recovery Act (the “Act”), which received royal assent on November 20th. […]
Ontario Considers Eliminating Juries From Civil Trials
Litigation is a time-consuming prospect in any scenario, but trials involving juries are even more so. At a time when litigation has largely been on pause due to the COVID-19 pandemic, the backlog awaiting Ontario’s courts has been building. In response to the backlog, Ontario’s Attorney General has recently indicated that he is considering the […]
Class Proceedings Expected to Surge When Courts Resume in Full
As the widespread effects of the COVID-19 pandemic continue to be felt across Canada, even as some restrictions are starting to lift in each province, legal experts and courts alike are bracing themselves for a surge of class proceedings. A recent article by the CBC points to the fact legal trends in Canada tend to […]
Fraud Allegations & The Calculation of Costs
When a plaintiff alleges fraud and subsequently fails to sufficiently prove the allegations in court, the defence will invariably ask for increased costs. The common law in Canada is clear that where a plaintiff alleges a defendant has engaged in deceit, the court may order increased costs against the plaintiff when those claims are not […]
Resolving Legal Disputes During COVID-19
The fallout from the global spread of COVID-19 has had a major impact on every industry and profession throughout the country, including the legal profession. With Ontario courts closing to all but the most urgent criminal and family matters in recent weeks, those facing civil disputes classified as “non-urgent” have been left wondering when they […]
The Importance of Sufficiently Proving Damages
In civil litigation for breach of contract, establishing a breach is only part of the battle. The primary remedy for a breach of contract is an award of damages, in an amount sufficient to put the aggrieved party into a position it would have been if not for the breach. In order to secure an […]
Extending the Time in Which to Seek Leave to Appeal
The Divisional Court (ONSC) recently dealt with this issue in Amphenol Canada Corp. v. Sundaram (2020). There the plaintiff had obtained an ex parte Mareva injunction against all of the defendants in a civil fraud matter, effectively freezing their assets. The plaintiff then sought a continuation of the injunction and was successful. One of the […]
Adding a Defendant & “Reasonable Discoverability”
In the course of a litigation file, misapprehensions sometimes occur. When there is confusion as to the identity of the proper defendant, sometimes the need to add a new party defendant to the action arises. Depending on how far into an action the new defendant is discovered, the statutory limitation period may help to provide […]
The Modern Approach to Statutory Interpretation
The legislation is meant to codify the laws of the applicable jurisdiction and provide guidelines and rules for courts, and society at large. However, despite best efforts on the part of those who drafted the documents, sometimes the meaning of certain clauses can be interpreted in more than one way. Sometimes this is a result […]