Introduction It sounds like trite advice to hear that a party must put their best foot forward on a motion for summary judgment. It is hard to believe this warning could ever be considered overused and consequently of little import, and therefore ignored. However, it continues to happen and most surprisingly by both plaintiffs and […]
Category Archives: Litigation & the Law
Considerations When Deciding on Motions for Adjournment
Introduction: An adjournment is a postponement of a legal proceeding. The request is made by one of the parties to the litigation. The request can be met with agreement or opposition. Even with consent, an adjournment is not made as of right and must be judicially sanctioned. In order for a court to allow an […]
Do Courts Have the Discretion to Override Arbitration Clauses?
Contracting parties normally have their remedy for breaches through the court process. However, they may agree in advance to have any differences that arise resolved through mandatory and binding arbitration. Section 7(1) of the Ontario Arbitration Act (the “Act“) allows a party of such an agreement, if the other commences a lawsuit, to apply to […]
Defamation and Public Discourse
When Does a Lawsuit Become a Tool for Limiting Public Debate? Section 137.1 of the Courts of Justice Act (CJA) grants the ability to bring a motion for the dismissal of any proceeding if that proceeding is aimed at limiting public debate. This step can be taken at any time after a proceeding is commenced and […]
The Tort of Intentional Infliction of Mental Suffering
In last week’s blog, we discussed several recent changes to the common law, and in part, the Ontario Court of Appeal (“ONCA”), decision in Merrifield v. Canada (Attorney General) wherein the existence of a proposed tort of harassment was dealt with by the court. The ONCA decided that the tort does not currently exist in […]
New Causes of Action in the Common Law of Ontario
The common law is an organic process but one that grows and develops slowly. This blog discusses how and when common law can change. Evolution or Revolution? The common law has been developed slowly over time by our courts of justice. It is judge-made law of ancient origin and development. It is evolutionary, not revolutionary. […]