Stephenson v Cheng, 2019 ONSC 543

The City of Barrie sought to have the plaintiff’s action dismissed by way of summary judgment motion on the grounds that the plaintiff had failed to provide notice of his claim to the Municipality within ten days of his accident, as required by Section 44.10 of the Municipal Act. The plaintiff was struck while riding his … Continued

Cheesman v. Credit Valley Hospital: How much Expertise does an Expert Require?

Counsel in medical malpractice actions have traditionally matched experts closely to the defendant’s practice area when addressing standard of care issues. A community doctor’s actions, for instance, will be commented on by another community doctor. This convention may no longer be as important following the recent decision of Cheesman v. Credit Valley Hospital, 2019 ONCA 1907. … Continued

Case commentary on Telus v. Wellman, 2019 SCC 19: Enforcing arbitration agreements to avoid class action in Ontario

Arbitration agreements can be useful for commercial litigants seeking to resolve disputes faster and with heightened confidentiality as compared to court actions. In the context of standard agreements for consumer goods and services, arbitration clauses are sometimes used by companies seeking to limit their exposure to court actions brought by customers, in particular to avoid … Continued

The Court of Appeal Clarifies the Scope of Participating Expert Evidence

In Imeson v. Maryvale (Maryvale Adolescent and Family Services), 2018 ONCA 888 (“Imeson”), the Court of Appeal emphasized the importance of the judicial gatekeeping role for expert witnesses, and clarified the boundaries of proffering “participant expert” evidence at trial. In a narrow exception to Rule 53.03 of the Rules of Civil Procedure, a fact witness with special expertise … Continued

Dismissing professional negligence claims at the pleadings stage: A commentary on a recent Ontario Court of Appeal decision

The Ontario Court of Appeal recently upheld the dismissal of a professional negligence claim at the pleadings stage of an action. Our firm represented the successful defendant who had been sued for negligent misrepresentation in connection with a real estate appraisal report. The dismissal occurred largely because of the disclaimers in the appraisal report. This … Continued

Taxi Drivers Owe no Duty of Care to Adult Intoxicated Passengers

In a recent case of the Superior Court of Justice, Stewart v. The Corporation of the Township of Douro-Dummer, 2018, ONSC 4009, Justice Ricchetti grappled with the issue of what duty of care a taxi driver owes to an intoxicated passenger.  The Court concluded that there is no positive duty of care on a taxi driver … Continued