Written on January 30, 2015.
The Court of Appeal released its decision yesterday in this matter, which centred upon the question of how much interaction counsel may have with their expert prior to the expert’s report being finalized.
Written on December 11, 2014.
The Court of Appeal for Ontario has set aside the trial decision in Fordham v. Dutton Dunwich, and in doing so has again affirmed the long line of Supreme Court of Canada authority defining the limits of the municipal duty or care for road repair, and restored some sense of predictability in Ontario cases, particularly against […]
Written on November 17, 2014.
In the recent decision in Elbakhiet v. Palmer, the Court of Appeal for Ontario considered a defendant’s offers to settle, and found that the trial judge erred in awarding the successful Plaintiff costs on a partial indemnity basis in the amount of $578,742.28 despite their modest success at trial ($144,013.07), and the offers to settle made […]
Written on November 14, 2014.
Perhaps 7-Up and Sprite are the same after all. While travelling on an Air Canada flight from Charlotte to Toronto, Lynda Thibodeau ordered a 7-Up soda in French. The flight attendant, who spoke only English, gave her a Sprite instead. This and several other incidents led Lynda Thibodeau and her husband Michel to bring a […]
Written on February 5, 2014.
On January 31, 2014 the Canadian Transportation Agency released a lengthy decision addressing certain of Porter Airlines’ tariff provisions (Decision No. 31-C-A-2014). In the course of the decision, the Agency made a number of findings, some more supportable than others. However one finding is particularly problematic and warrants comment. While considering Porter’s tariff provisions addressing […]
Written on January 24, 2014.
The Supreme Court released its decisions yesterday (January 23) in the Hryniak v. Maudlin, 2014 SCC 7 and Bruno Appliance and Furniture v. Hryniak, 2014 SCC 8 appeals. Those appeals were on the issue of interpreting the 2010 amendments to Ontario’s Rule 20 dealing with summary judgment motions. OTLA and the Canadian Bar Association were […]