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Summary Judgment for Failure to Give Notice under s.44(10) – “Substantial Inconsistencies in the Evidence” noted by the Court

On February 18, 2016, the Ontario Superior Court of Justice released its decision on a motion for Summary Judgment, in Bourassa v. Temiskaming Shores (City). In the reasons for decision, the Court rejected several arguments put forth by counsel for the Plaintiff, Lorenzo Girones, Q.C., of Girones Lawyers, and granted the City’s motion to dismiss […]

Moore v. Getahun, 2015 ONCA 55

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 […]

Proportionality and Offers to Settle – The Court of Appeal for Ontario gets it right

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 […]

Occupiers’ Liability Act Considered: Sometimes a Fall is Simply an Accident

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 […]

Paterson MacDougall Welcomes New Articling Student

Paterson MacDougall is pleased to welcome Darryl Korell to the team as our new articling student. Darryl recently graduated with a J.D. from the University of Ottawa. While there, he interned at the Supreme Court of Canada and co-ordinated the Law Help Ontario student volunteer program. Darryl brings a wealth of research, writing, and management […]

Attack on the MMS Dismissed – A Victory for all Municipalities in Ontario

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, […]

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