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
Insights
& Commentary
Insights list
Edwards v. McCarthy, 2019 ONSC 3925 – Disclosure of “foundational information” to an Expert’s Report
The decision in Edwards v. McCarthy, 2019 ONSC 3925 provides some guidance on how much information a party is required to disclose pertaining to retained experts, before the party has decided whether or not to call the expert as a witness at trial. In Edwards, the plaintiff brought an action against his former lawyer, alleging that his … Continued
by Jessica DiFederico
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
by Elizabeth Bowker
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
by Jessica DiFederico
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
by Chris Afonso
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
The Fettered Right to Utilize an Unfettered Right to Terminate a Service Contract
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
Update to the Anns Test and a rejection of the tort of “negligent misstatement”: Case commentary on Lavender v. Miller Bernstein LLP, 2018 ONCA 729
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
by Chris Afonso
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
by Chris Afonso