Written on February 18, 2015.
There are indeed perils when a defendant ignores a lawsuit brought in a foreign jurisdiction, but a recent decision from the Court of Appeal of New Brunswick highlights what steps must a foreign plaintiff take to enforce a judgment from abroad and what factors must be considered to determine whether a defendant submitted to the foreign […]
Written on January 30, 2015.
The Court of Appeal for Ontario released its reasons for decision yesterday in a much anticipated appeal ruling centering upon the rules respecting experts, and the consultations between counsel and their experts, in medical malpractice actions and other actions in Ontario. The full decision can be read here: http://www.ontariocourts.ca/decisions/2015/2015ONCA0055.htm The key findings by the Court […]
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 September 10, 2014.
Sometimes a fall is simply an accident. In a recent Ontario Superior Court decision, Nandlal v. Toronto Transit Commission, 2014 ONSC 4760, a judge held that it is not reasonable to expect a public transport occupier to continuously and immediately cleanup after its patrons if they leave debris on stairs. Sarojanie Nandlal slipped and fell […]
Written on August 25, 2014.
Despite the efforts of the Ontario Good Roads Association (OGRA), Ontario municipalities will have to wait for reform of Ontario’s tort law. Ontario Attorney General Madeleine Meilleur announced at the 2014 Conference of the Association of Ontario Municipalities (AMO) that the provincial government will not be moving forward with any reforms to joint and several […]