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
Insights
& Commentary
Insights list
Appeal Board Upholds Defence of Jurisdiction for Professionals in Non-Therapeutic Roles.
2021 CanLII 7968 (ON HPARB) The Ontario Health Professions Appeal and Review Board (“HPARB”) has upheld a rare defence and approach to defending professionals in matters before their professional colleges. In a case successfully defended by Stieber Berlach at both the College of Nurses (“CNO”) and HPARB, this 2021 decision sustained the ability of the … Continued
by Grant Ferguson
Should MDS Inc. V. Factory Mutual Insurance Company (FM Global) Impact COVID-19 Business Interruption Claims?
The novel coronavirus causing the COVID-19 infection is likely to impact insurers in several ways. In addition to an anticipated decrease in premium collection due to cancellation of policies, and a probable shrinking of investment returns, it is anticipated that there will be numerous claims that arise from the pandemic, including business interruption claims. The … Continued
by Avi Sharabi
No compensation without causation in a breach of fiduciary duty claim
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
The Supreme Court’s Decision in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65
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
by Linda Phillips-Smith
Technical Changes to Ontario Rules and the Impact for Litigants and Litigators
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
by Katherine Di Tomaso
S.H. v CAS of Haldimand-Norfolk, 2019 ONSC 848
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
by Elizabeth Bowker
Summary Judgment Motions: Hearsay Evidence and Boomerang Motions
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
The Type of Case the Summary Judgment Rule was Designed to address: Kueber v. Royal Victoria Regional Health Centre
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