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Posts Tagged: motion

Settle Out of Court for $80,000; Fight in Court Over $1400

Litigation arising from a motor vehicle accident tends to be difficult for all parties involved, particularly with the stress of a lawsuit ‘hanging’ over your life. Sometimes you just wish that the other side would ‘see the light’, be reasonable and agree to resolve the lawsuit.

In some instances, litigation becomes fairly heated between the parties and counsel involved, so that both sides are simply not prepared to negotiate or compromise any further. The limit has been reached and there is no sense in more discussion.… Continue Reading

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Ontario Summary Judgment: Applies Hryniak re Scheduling of Motion Issues

As we recently blogged on February 24, 2014, the new Hryniak decision by the Supreme Court of Canada is now the standard for how Ontario summary judgment motions are to be conducted and their role in the litigation process.

We now have an early case which has put into practice some of the greater powers confirmed by Hryniak – in this case, the issue is what role the summary judgment Judge has in the management of motion materials and the necessity of calling witnesses for oral testimony, in order to have a proper record available by which to consider the summary judgment motion:The Bank of Nova Scotia v.… Continue Reading

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Faster Lawsuits: Defence Tries to Force Plaintiff to Trial Within 3.5 Months of Starting Their Lawsuit

You won’t be given relief, unless you ask….

A pretty aggressive motion by the defendants, having apparently failed to slow down one set of plaintiffs (which was ordered to Trial by Judge Snowie) led to this motion to drastically speed up the lawsuits of two other sets of plaintiffs: Chen v. Ji, 2013 ONSC 7408 (CanLII).

All 3 sets of plaintiffs were involved in the same August 2011 motor vehicle accident in Ontario. The first set started their lawsuit early and were ready to go to Trial in Jan/2014.… Continue Reading

Ontario Trial Adjournment: Personal Injury > $50,000 Costs Thrown Away

This case involves a last minute adjournment motion by the defendant (insurer) based on a medical report served by the plaintiff about 2 weeks before Trial, involving a claim for personal injury suffered in this Ontario lawsuit.

The defendant served an updated medical report about 3 weeks before Trial; it is unclear whether this was based upon a concurrent defence medical examination or whether it was an updated report based on a paper review: Quan v. Staar Surgical Company, 2014 ONSC 27 (CanLII).… Continue Reading

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Ontario Security For Costs: Barrier for a Plaintiff’s Lawsuit

Security for costs motions are yet another road block that personal injury plaintiffs can expect if they live outside of Canada while their tort lawsuit is active. The theory being that if you live outside the jurisdiction and the defendant successfully defeats your lawsuit, then you will be a difficult target for the defendant to ‘chase’ for payment of their legal costs for having to defend your lawsuit.

In the recent case of Kurtz v. Carquest Canada Ltd., 2013 ONSC 7683 (CanLII), this arose in the context of a wrongful dismissal lawsuit, where after the alleged dismissal, the employee moved from Canada to live in the United States.… Continue Reading

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Faster Lawsuits: Ontario Summary Judgment Motions Clarified

An important Supreme Court of Canada (“SCC”) decision on the issue of Ontario summary judgment motions had been rendered, affecting all civil litigation, including personal injury lawsuits and insurance lawsuits as well: Hryniak v. Mauldin, 2014 SCC 7 (CanLII).

This decision provides clarity as to the powers and responsibilities of the Court, and parties, in respect of summary judgment motions. It further clarifies the law after the Ontario Court of Appeal decisions in Combined Air – note that Hryniak was one of the five actions in the Ontario Court of Appeal’s Combined Air decision.… Continue Reading

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