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Posts Categorized: court civil procedure

The Cost of a Lawsuit – $280,000 for 8 Days of Trial

The cost of lawsuits in Ontario is always a concern for potential litigants. We often are asked, “How much will my legal fees / costs be and how can I afford them?”

The recent case of Mathieson v. Scotia Capital Inc. (2010 Ontario Superior Court of Justice) provides an illustration of how an 8 day Trial of a wrongful dismissal action led to $280,000 of legal fees and expenses being awarded. The actual Trial decision (Nov/2009) is found here.

The 58 year old plaintiff was a senior employee in the investment banking group, having worked for 30 years prior to termination.… Continue Reading

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Lawsuit Against Ottawa School for Long-Term Bullying of Child

A recent news story covered by Ottawa media including the Ottawa Citizen on a new lawsuit arising from alleged long-term bullying of a 10 year old girl.

The lawsuit alleges that the school failed to stop bullying of the 10 year old girl despite repeated requests from the parent and alleged obvious signs of bullying.  The allegation is that the bullying appeared to last an entire school year.

One allegation includes, “(the 10 year old girl) was cornered in the washroom by the (bully), who threatened to kill Jaclyn and her parents if Jaclyn reported the incident.” … Continue Reading

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Hurt Before and Now Hurt Again in Accident – Can I Sue?

“I was hurt before in an accident and I was just hurt in a new accident.  Does my previous accident hurt my chances to sue for damages this time around?  Am I allowed to sue for my injuries in this new accident?”

A previous accident should not generally preclude you from suing for injuries in a subsequent accident.  If you suffered serious injuries in the subsequent accident, generally a lawsuit should be considered.

The existence of more than one accident affects the manner in which the lawsuit is argued as between the plaintiff and defendant.… Continue Reading

Slip and Fall on City Property – Act Quickly if You Are Hurt

If you hurt yourself on City property, which most commonly is a slip and fall on ice, snow or an uneven sidewalk, then you have 10 days to notify the City in writing of your incident – s. 44(10) of the Municipal Act.

Most people do not know that they have 10 days to notify the City of their accident.

NOTE: if you are hurt and seek medical treatment (whether you are hospitalized or attending at your family doctor’s clinic), the 10 day period still applies unless you fall under a narrow exception of circumstances.… Continue Reading

Faster Lawsuits – Summary Judgment Motion Changes

The rules governing the way civil lawsuits are conducted in Ontario have changed – see January 25, 2010 blog and March 11, 2009 blog.

For lawsuits which seek more than $25,000, one of the most significant changes is to the rule governing summary judgment motions.

A “summary judgment motion” is an early Court attendance where one party tries to end the lawsuit very early, before Trial, on the basis that the case is so strong in their favour that they can show that they should and almost certainly will succeed at Trial.… Continue Reading

Faster Lawsuits – Changes to Lawsuit Rules

Ontario has changed some of its rules governing the way that lawsuits are conducted, to allow people to get to Court and have their Trial heard faster. Readers can find some background in our previous blog – March 11, 2009 blog.

Some of the changes regarding lawsuits in Ontario include:

• Ontario’s Small Claims Court can now deal with civil lawsuits up to $25,000 in value (formerly $10,000) per Reg 626/00 of the Courts of Justice Act;

Ontario’s Rules of Civil Procedure for civil lawsuits seeking more than $25,000 has been changed significantly, including
• “simple” lawsuits conducted under the Simplified Rules structure can now seek up to $100,000 in damages (formerly $50,000);
• Steps within the lawsuit, including production of documents relevant to the lawsuit, Examinations for Discovery of parties and Court motions to resolve disputes, are revised to make the lawsuit proceed faster;
• Attempts to end the lawsuit quickly – in the form of a Summary Judgment motion – are assisted with modified rules; and
• Preparing for Trial to avoid delays and to have the lawsuit proceed faster have also been implemented.… Continue Reading

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