Backing out of an Ontario Agreement of Purchase and Sale – What You Should Know: Two recent Superior Court decisions should serve as a reminder that backing out of a signed (and enforceable, which is not always the case) Agreement of Purchase and Sale (APS) for a property can prove costly. In Bang v. Sebastian, 2018…
Best Examination for Discovery Tips for My Clients Examinations for Discovery (also sometimes referred to as depositions) are arguably the most important step in most lawsuits. It is the one opportunity (in most cases) for the opposing lawyer to question a party and to gauge whether they will present as believable and likable at trial….
Defamation – Collection of Damage Awards Though defamation lawsuits are relatively rare, (likely owing to their cost and the fact that insurance coverage is not commonly available), damage awards can still be substantial, as illustrated in the recent McNairn v Murphy, 2017 ONSC 1678 (CanLII) case. In that decision, Justice Beaudoin canvassed awards from a…
Canadian Medical Protective Association (CMPA) Loses in Court In the recent Goodwin v Nadel, 2017 ONSC 1641 (CanLII) case, the Ontario Superior Court struck a doctor’s limitations defence, despite the fact that the claim was not brought for 11 years after treatment. This result is significant, in that it reaffirms that in certain instances of…
Court of Appeal Releases Important Class Action Decision on Jurisdiction Today, the Court of Appeal released an important decision governing which class actions may properly be brought in Ontario Courts. In Excalibur Special Opportunities LP v. Schwartz Levitsky Feldman LLP, 2016 ONCA 916, the plaintiff, a limited partnership operating in Toronto, brought suit against a…
Will a Jury Help Your Car Accident Case in Ontario? Few would argue that the human body is designed to withstand the forces involved in car accidents without injury. Where one party is injured through the fault of another, our legal system is designed to provide the injured person with compensation. Unfortunately, our legal system…
Summary Judgment – The Emergence of Case Management Summary judgment can be an effective tool to dispose of legal claims and defences without the cost, delay and expense of a formal trial. Unfortunately, Ontario’s courts have struggled to adopt and retain a coherent summary judgment standard since the current iteration of Rule 20 was adopted…
Challenging Expert Business Valuations At Trial Where the value of a business is disputed at trial, work should start at discovery (if not before) to determine the facts upon which an opposing expert will base his/her valuation, and the reasons used therein in support of such business valuation. The final business valuation (expert report) should…
Success in Ontario Court – Judgment Obtained after Defendant’s Defences Struck Recently, Michael Lesage successfully obtained a default judgment for his client after having the defendant’s defences stricken. In the commercial litigation that had been ongoing for approximately two years, several Orders had been made against the defendant, with which he made no effort to…
How Much Is My Personal Injury Claim Worth in Ontario? If you’ve been injured in an accident or through the negligence of another, you may be wondering if you’re entitled to compensation. If your injuries are serious, you’re probably wondering what happens now, what are my options and “how much is my personal injury claim…
