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By Domenic Nicassio
The Ontario Court of Appeal decision and related appellate cases would appear to be the most up-to-date law on the issue.
By David Elmaleh
The Court of Appeal has made it abundantly clear that partial summary judgment motions will only be granted in the clearest of cases.
By David Elmaleh, Alexander Steffen
Recently, in Day v Haiderzadeh, the Ontario Superior Court of Justice reiterated settled law that evidence given in support of a potential question to be given to a jury cannot be based on pure speculation...
By David Elmaleh, Mark Borgo
Teenagers Will Be Teenagers: Did A Mother Give (Implied) Consent For Her Son To Possess And Operate Her Car?
By Howard Borlack, Michelle Legault
The recent decision, C.M. v P.M., the Health Professionals Appeal and Review Board confirmed a decision of the Inquiries, Complaints and Reports Committee of the College of Kinesiologists of Ontario.
By Frank N. DelGiudice, Melissa Parravano
On September 14, 2017, Justice Sanfilippo of the Ontario Superior Court of Justice granted summary judgment dismissing the plaintiff's occupiers' liability claim, stating that without objective evidence pointing to the cause of her slip and fall, the claim could not succeed.
By Alexander Steffen
The Ontario Superior Court of Justice recently released the decision of French v Stachejczuk where Martin Smith, partner at the Ottawa office of McCague Borlack LLP, with the assistance of Desneiges Mitchell...
By David Elmaleh, Gabriela Caracas, Student-at-Law
The Ontario Court of Appeal Interprets a "Person Authorized by Law"
By Michael Blinick, Michelle Legault
As Daylight Savings Time ends, so begins a new time for drivers in Ontario. Drivers must take extra care of their surroundings not only because of the weather but also because of reduced visibility due to less daylight.
By Karen Bernofsky
The Office of the Information and Privacy Commissioner of Ontario ("IPC") recently considered whether and under what circumstances insurers could collect health card numbers from their insureds.
By Karen Bernofsky
In Teva Canada Ltd. v. TD Canada Trust, the Supreme Court of Canada considered the defence to the tort of conversion under s. 20(5) of the Bills of Exchange Act.
By Daniel Côté-Finch
Non-pecuniary damages (also called general damages) are awarded to a plaintiff that sustained a non-monetary loss. These damages are not capable of exact quantification.
By Annette Uetrecht-Bain
Complaints about civil jury trials in motor vehicle cases are not novel or uncommon. It is the perception of some (most notably the plaintiff bar) that jury results are typically unfavourable to plaintiffs.
By Hillel David
The application judge found that an oral agreement was made between Moore and the deceased in 2000, shortly after their separation, to the effect that she would pay the premiums from...
By Van Krkachovski, Frank N. DelGiudice
Mediation is a process in which a neutral third party assists the disputing parties in reaching a mutually acceptable resolution.