Category Archives: Practice and Procedure

Pleadings, discovery and other issues involving the Rules of Civil Procedure.

Master Haberman Reminds Us That Pleadings Must Be of Material Facts

Posted on May 8, 2008 by Stephen Cavanagh

In Witten v. Bhardwaj, Master Joan Haberman of the Ontario Superior Court has usefully reviewed the law governing pleadings, particularly in motor vehicle negligence cases. Counsel for the defendant had moved to strike the following paragraphs from the statement of … Continue reading →

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Divisional Court Rules Polygraph Evidence Inadmissible in Civil Suit

Posted on March 27, 2008 by Stephen Cavanagh

In Petti v. George Coppel Jewellers Ltd., Mr. Justice Joseph W. Quinn, sitting as a judge of the Divisional Court, ordered a new trial of a Small Claims Court action, where the Deputy Judge had decided the case, in part, … Continue reading →

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Civil Suit Barred by Findings at Criminal Trial (Even Though Plaintiffs Did Not Participate)

Posted on March 27, 2008 by Stephen Cavanagh

[UPDATE: On May 29, 2008, the Court of Appeal allowed an appeal from this decision. The Court’s reasons can be accessed here.] Polgrain Estate v. The Toronto East General Hospital, a decision of Mr. Justice Thomas R. Lederer, considered the … Continue reading →

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Third Party Claim Relating to Prior Accident Dismissed on Rule 21 Motion

Posted on March 24, 2008 by Stephen Cavanagh

In Willoughby v. Weber, Madam Justice Beth Anna Allen decided a Rule 21 motion involving the recurring problem of the same plaintiff being injured in multiple accidents. The motion sought the dismissal of a third party claim. Justice Allen granted … Continue reading →

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Former Negligence Act Limitation Period for Claim Over Applies to 2008 Claim Arising Out of 2001 MVA

Posted on March 24, 2008 by Stephen Cavanagh

In Davey v. Davey, Mr. Justice Dougald R. McDermid was dealing with a motion to amend the statement of claim in a motor vehicle case. The plaintiffs in one of two actions that had been ordered to be tried together … Continue reading →

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Summary Judgment Granted in Medical Malpractice Case Where Plaintiff Fails to File Affidavits of Experts

Posted on March 24, 2008 by Stephen Cavanagh

In Suwary v. Women’s College Hospital, Mr. Justice George R. Strathy was dealing with a defence motion for summary judgment in a medical malpractice case. The key issue in the action was informed consent in relation to one of the … Continue reading →

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Divisional Court Slams Motions Judge’s Failure to Give Reasons

Posted on March 24, 2008 by Stephen Cavanagh

The Divisional Court strongly criticized another judge of the Superior Court, Mr. Justice James H. Clarke, for having dismissed a motion for leave to appeal in the following words: “Leave to appeal denied. Costs reserved to trial judge.” In MCAP … Continue reading →

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Must Insurer Maintain “Firewall” Between Tort and No-Fault Claims?

Posted on March 24, 2008 by Stephen Cavanagh

In Trecartin v. Pilot Insurance Company, Mr. Justice George T. Valin considered the position of an insurer defending both a tort action and an accident benefits claim brought by the same plaintiff. In the no-fault action, the insurer, Pilot Insurance, was … Continue reading →

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Master MacLeod Proposes Guidelines for Solicitors’ Affidavits

Posted on March 2, 2008 by Stephen Cavanagh

In Mapletoft v. Service, Case Management Master Calum MacLeod decided a motion for summary judgment in a motor vehicle case. The defendant argued that the action had been commenced after the expiry of the limitation period. Our office opposed the … Continue reading →

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Court Declines to Award Substantial Indemnity Costs Where Successful Defendant Had Offered Dismissal Without Costs

Posted on January 21, 2008 by Stephen Cavanagh

In Crete v. Carleton Condominium Corporation #47, Madam Justice Giovanna Toscano Roccamo delivered very comprehensive costs reasons following a trial by jury in which the plaintiff’s action had been dismissed. The decision is instructive with respect to several aspects of … Continue reading →

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