Monthly Archives: March 2012

Master Pope Refuses To Add Insurer in OPCF-44R Claim

Posted on March 26, 2012 by Stephen Cavanagh

Vogler v. Lemieux, 2012 ONSC 1692 is an interesting case and, to me, a bit puzzling. I am hoping that one of the readers of this blog can clear things up for me. The plaintiff was injured in a single … Continue reading →

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Rule 53.03 Applies Only To “Litigation Experts”

Posted on March 21, 2012 by Stephen Cavanagh

In Continental v. J.J.’s Hospitality, 2012 ONSC 1751 (CanLII), Mr. Justice Edward J. Koke has provided the latest judicial interpretation of Rule 53.03, which deals with the evidence of expert witnesses. He held that that rule only applies to “litigation experts”, … Continue reading →

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Clarification of Jurisdiction of Masters On Motions for Summary Judgment in Wake of C.A.’s Decision in Combined Air

Posted on March 20, 2012 by Stephen Cavanagh

I”ve just come from a motion before Master Calum MacLeod, where he provided to me and to opposing counsel a copy of his reasons in 90 George St. v. Reliance Construction, 2012 ONSC 1171 (CanLII). Upon returning to my office however, … Continue reading →

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Justice Brown Lambastes Provincial Government’s “Poor Excuse of A System” for Document Management

Posted on March 16, 2012 by Stephen Cavanagh

I don’t often burst out laughing when reading reasons for judgment (tears are more likely), but today’s offering from Justice David M. Brown was an exception. In Romspen Investment Corporation v. 6176666 Canada Ltée, His Honour was riding one of his … Continue reading →

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C.A. Says Only “Damage” Necessary to Start Limitation Period, Not “Damages”

Posted on March 15, 2012 by Stephen Cavanagh

The language of the Limitations Act, 2002 continues to be interpreted by the courts and an important decision was handed down this week by the Court of Appeal. Hamilton (City) v. Metcalfe & Mansfield Capital Corporation was an appeal from a … Continue reading →

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Master MacLeod Discusses Appropriate Procedure In Undertakings Motions

Posted on March 7, 2012 by Stephen Cavanagh

Kariouk v. Pombo was a motion by the plaintiff to compel plaintiffs to answer undertakings given in the course of examinations for discovery. A commonplace type of motion, to be sure. But it is because such motions occur so frequently … Continue reading →

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C.A. Slams Duration of “GasTOPS” Action

Posted on March 2, 2012 by Stephen Cavanagh

The Court of Appeal has just released its decision in GasTOPS Ltd. v. Forsyth et al. This case is well-known in the East Region and arose out of the departure of a number of employees of a software company, GasTOPS, who … Continue reading →

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Plaintiff Given Leave to Examine Defendant Under Rule 39.03 On Rule 25.11 Motion to Strike Statement of Claim

Posted on March 2, 2012 by Stephen Cavanagh

Khan v. Lee is an interesting decision of Master Joan Haberman. In this medical malpractice action, the defendant doctor had moved, under Rules 21.01 and 25.11, to strike the statement of claim. He filed no evidence on the motion. Counsel … Continue reading →

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Rules Committee’s “Information for the Profession” on Hourly Rates Is Adjusted Upwards for Inflation

Posted on March 2, 2012 by Stephen Cavanagh

In First Capital (Canholdings) Corporation v. North American Property Group, 2012 ONSC 1359 (CanLII), Mr. Justice Robert Smith had to address the following issue: “Should partial indemnity costs be ordered at hourly rates in excess of the maximum rates set out … Continue reading →

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