Category Archives: Practice and Procedure

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

Motions for Non-suit a Waste of Time, Says C.A.

Posted on June 13, 2007 by Stephen Cavanagh

After yesterday’s decision by the Court of Appeal in Prudential Securities Credit Corp., LLC v. Cobrand Foods Ltd., we are unlikely to see many more motions for non-suit in this province. The Court said that the procedure “has little practical … Continue reading →

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Master Lifts Deemed Undertaking Rule Where Plaintiff Utters Threats in Course of IME

Posted on April 24, 2007 by Stephen Cavanagh

In Guindon v. VIA Rail, an interesting (but unusual) case, Master Robert Beaudoin ordered that ViIA Rail was not bound by the deemed undertaking rule (Rule 30.1) where the plaintiff had uttered threats in the course of an independent medical … Continue reading →

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Master Orders Insurer to Produce Its Schedule B Documents

Posted on April 4, 2007 by Stephen Cavanagh

  Back in January, we posted a commentary about the Divisional Court’s decision in Smith v. London Life. The case dealt with production of an insurer’s file in a first party claim that was based on allegations of bad faith on … Continue reading →

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Judge Finds No Solicitor-Client Privilege Where Communication in Furtherance of a Tort

Posted on March 27, 2007 by Stephen Cavanagh

It is well-established that solicitor-client privilege will be lost where the communication between lawyer and client is in furtherance of a crime.  In Dublin v. Montessori Jewish Day School of Toronto, Mr. Justice Paul Perell ruled that the same result follows … Continue reading →

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Thorburn J. Discusses What’s Required for Court Approval of Settlements

Posted on March 27, 2007 by Stephen Cavanagh

In Rivera v. Leblond, Madam Justice Julie Ann Thorburn was asked to approve the settlement of the claim of a cyclist who had suffered a serious head injury when struck from behind by an automobile. In the course of her … Continue reading →

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Court Refuses Amendment to Plead that Owner of Vehicle Was Also Employer of Driver

Posted on March 27, 2007 by Stephen Cavanagh

In Shuker v. Gagne, Mr. Justice Barry Matheson of the Ontario Superior Court refused to permit the plaintiffs to amend their statement of claim, to plead that a defendant who had already been sued in the capacity of owner of a … Continue reading →

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C.A. Reduces Damages to $1,000 but Upholds Trial Costs of $115,000

Posted on February 15, 2007 by Stephen Cavanagh

An odd decision from the Court of Appeal today in Aristorenas v. Comcare Health Services. At trial, the plaintiff was awarded damages of $55,000 and costs were agreed upon at $115,000. The parties also agreed that the costs did not … Continue reading →

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Defendants Ordered to Pay Costs Where Claims Representative Failed to Attend Mediation in Person

Posted on February 12, 2007 by Stephen Cavanagh

In Laporte v. Ridgewell, Master Lou Anne M. Pope ordered the defendants to pay costs where the claims representative of the defendants’ insurer balked at travelling from outside Windsor for a mediation. The defendants had proposed to have the claims representative participate … Continue reading →

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C.A. Adopts Master Beaudoin’s Test for Setting Aside Registrar’s Dismissal Order

Posted on January 31, 2007 by Stephen Cavanagh

In Scaini v. Prochnicki, the Ontario Court of Appeal reviewed the jurisprudence dealing with setting aside an order made by the registrar of the Superior Court, dismissing an action for failure to place it on a trial list within two … Continue reading →

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Divisional Court Overturns Order Requiring Production of Insurer’s In-house Lawyer’s File

Posted on January 28, 2007 by Stephen Cavanagh

In Smith v. London Life Insurance Company, the Divisional Court reversed an order made by Superior Court Justice Gordon Thomson, who had directed the defendant London Life to produce “its entire claims file arising from a prior action between the parties, including … Continue reading →

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