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
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
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
On May 7, 2018, the Ontario Court of Appeal released Mohamed v. Information Systems Architects Inc., 2018 ONCA 428, a case that dealt with the circumstances of terminating a fixed-term contract, and whether a seemingly unfettered contractual right to do so is limited by any other factors. The plaintiff was retained by the defendant, ISA, to … Continued
Overview The Ontario Court of Appeal granted an appeal and dismissed a class action against an auditor. In doing so, the Court applied the updated test recently established by the Supreme Court to determine whether a duty of care arises between a negligent party and the party claiming damages. The Court also determined that a … Continued
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
On May 28, 2018, the Court of Appeal provided some clarification as to the extent that a municipality can be held liable for personal injuries during festivities that it hosts. Background In Martin v. Barrie (City), 2018 ONCA 499, the Court of Appeal reviewed a trial decision that found a municipality had satisfied the standard of care … Continued
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
