Written on January 17, 2014.
In June 2013 we commented on the Ontario Superior Court decision in Bombardier Inc. v AS Estonian Air, 2013 ONSC 3039. http://www.pmlaw.com/?p=796 Justice Morgan of the Ontario Superior Court of Justice upheld the immunity from suit enjoyed by the Republic of Estonia by virtue of Canada’s State Immunity Act. That decision was appealed to the […]
Written on January 8, 2014.
By reasons for decision dated January 7th, 2014, the Honourable Mr. Justice Boswell of the Ontario Superior Court of Justice at Newmarket, dismissed the Application by the Plaintiffs, Amelia Silveira et. al., seeking to have the original version of sections 3, 4 and 5 of O. Reg 239/02 – Minimum Maintenance Standards for Municipal Highways, […]
Written on November 1, 2013.
A recent decision from New Brunswick highlights the perils of a defendant ignoring a lawsuit brought in a foreign jurisdiction. In the case of Ward v. Nackawic Mechanical Ltd., 2013 NBQB 296 (CanLII), the plaintiffs obtained an order enforcing an Ohio Court default judgment in the amount of CDN $965,980. The case arose from an incident […]
Written on October 29, 2013.
In a recent decision won by Ms. Amanda Pinto of PM Law, the Small Claims Court re-affirmed the limits of “discovery” in Small Claims Court proceedings, and awarded significant costs against Plaintiffs whose counsel waited until the eve of trial to bring a motion seeking further documents from the municipal defendant. Read the decision here: […]
Written on June 14, 2013.
A government does not give up its sovereign immunity simply because it owns a majority interest in a commercial airline. In Bombardier Inc. v AS Estonian Air, 2013 ONSC 3039, the Superior Court of Ontario held that it lacks jurisdiction over the Republic of Estonia (the “Republic”) in a claim accusing its government of wrongful […]
Written on April 20, 2013.
The Court of Appeal for Ontario in the recent case of El Dali v. Panjalingam, 2013 ONCA 24, affirmed two important principles that often arise in municipal defence cases: (1) a driver who crosses the centre line and is involved in an accident, is deemed at fault absent evidence to the contrary, and (2) the […]