In the recently released decision, Stirrett v. Cheema, 2020 ONCA 288, the Court of Appeal opined on the role causation plays in awarding damages for a breach of fiduciary duty. The Court held that the trial judge had erred in awarding compensation for a breach of fiduciary duty when causation had not been proven. The Court … Continued
In two recent decisions, the SCC has re-written the standard of review to be applied by courts when hearing appeals of administrative decisions. In Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, a Canadian born child of two Russian spies, was initially stripped of his citizenship by the Canadian Registrar of Citizenship. That … Continued
In advance of 2020, Ontario litigators saw changes on the horizon when, on October 23, 2019, the Ontario Government announced significant amendments, effective January 1, 2020, to Ontario’s Rules of Civil Procedure. In particular, the changes were to rule 76 governing actions commenced under simplified procedure. The purpose of the changes is to make civil litigation … Continued
Introduction Over the last several years the Ontario Court of Appeal has come out with several strongly worded decisions against providing partial summary judgment. Despite this, litigants continue to bring these motions, and thus far in 2019 are receiving a reasonable degree of success when proceeding under the right circumstances. This paper will review the … Continued
OVERVIEW The landscape of summary judgment has changed considerably since the “culture shift” imposed by the Supreme Court of Canada in Hryniak v. Mauldin[1] back in 2014. Very few decisions should prove to be as instructive as the Ontario Court of Appeal’s recent decision in Drummond v. Cadillac Fairview Corporation Limited.[2] In Drummond, the Ontario Court of Appeal … Continued
Introduction Insurers of those who serve alcohol continue to grapple with uncertain liability. Commercial host and social host liability are different but related lines of negligence law. Both involve an inquiry into a whether a duty of care was owed between the host and an injured party, who may or may not be a guest … Continued
Introduction Although the Limitations Act, 2002 (the “Act”) [1] has now been in force for almost 20 years, the manner in which it should be interpreted and applied continues to be refined by the courts. We will examine some recent trends in the case law, particularly on what it means to have “discovered” a claim and how … Continued
The plaintiff, the father of a child, alleged that the Children’s Aid Society (“C.A.S.) negligently investigated and maliciously prosecuted him. The CAS brought a motion for an Order striking the Statement of Claim pursuant to Rule 21 of the Rules of Civil Procedure, on the grounds that the Statement of Claim failed to disclose a reasonable … Continued
The Court of Appeal made new law in Drummond v. Cadillac-Fairview Corporation Limited[1]. The Court held that a motion for summary judgment should not be granted against a party who has had no notice that summary judgment was being sought against it. The Court found that the motion judge erred by failing to afford the defendant … Continued
Earlier this year, the Supreme Court of Canada dismissed the plaintiff’s application for leave to appeal the decision of the Court of Appeal in Kueber v. Royal Victoria Regional Health Centre[1] affirming the motion judge’s decision to grant partial summary judgment. The motion judge had dismissed the plaintiff’s action against 9 physicians, an ambulance service and … Continued
