Posts Categorized: court civil procedure
Default on Your Car Lease and…Go To Jail?
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, motion on
Case Comment – Mercedes-Benz Financial v. Kovacevic (2009 Ontario Superior Court)
finding of the defendant’s contempt on February 26, 2009 sentencing of defendant on March 3, 2009In civil matters (i.e. where someone sues you for a breach of a contract) you can, in special circumstances, be sent to jail for contempt. If you fail to obey a Court order, then this behaviour could eventually lead to jail time. See Rule 60.11(5) of Ontario’s Rules of Civil Procedure.
This case is an interesting read. … Continue Reading
The Key to a Strong Lawsuit? Evidence, evidence, evidence.
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, evidence, motion, production of documents on
Case Comment – Carleton v. Beaverton Hotel (2009 Ontario Superior Court)
In real estate, the key to success is often described as “location, location, location”. In personal injury lawsuits, having evidence to support your claims is fundamental in building your lawsuit.
So what happens if a plaintiff seeks damages for a large future income loss (i.e. alleging an inability to earn as much in the future because of the injuries suffered in the accident) but cannot provide evidence showing how and where he made his money before the accident? … Continue Reading
Ontario’s E-Laws Website is an Official Source of Legislation
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, evidence on
Remember that effective November 30, 2008, by Regulation to the Legislation Act, 2006 that you can use Ontario’s e-laws website to obtain an official copy of Ontario’s laws.
The government’s FAQ site is found here for further reference.
Gregory Chang
Toronto Insurance Litigation Lawyer… Continue Reading
I Want Your Expert’s File (please)
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, experts, production of documents on
Case Comment – Ramer Builders Supplies (Toronto) Ltd. v. Leva (2009 Ontario Superior Court of Justice)
Can your expert’s file, despite your claim of litigation privilege, be produced based on questions asked at Discovery? The answer in Ramer Building Supplies was “yes”. Mr. Justice Fragomeni ordered production of the plaintiff expert’s draft report and the expert’s meeting notes (made while meeting with the plaintiff).
It was ordered pursuant to Rule 31.06 of Ontario’s Rules of Civil Procedure. It follows Aviaco International Leasing Inc.… Continue Reading
Changing Ontario Court Rules – January, 2010
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure on
Many Ontario lawsuits will be conducted differently starting January 1, 2010. The government release in December, 2008 is found here.
The Honourable Coulter Osborne, Q.C. made a series of recommendations in late 2007, various of which will be implemented in January, 2010. You can find the report here.
The changes are significant and numerous. A partial short list of important changes which appear ready to be implemented include:
Small Claims Court having an increased jurisdiction of $25,000 (up from $10,000); Simplified Procedure being increased to include claims up to $100,000 (up from $50,000); Discoveries of parties being limited to 7 hours (i.e.… Continue ReadingStarting a Lawsuit in your Home Town – Change of Venue Principles Reviewed
On behalf of Bougadis, Chang LLP Barristers posted in change of venue, court civil procedure, motion on
Case Comment – Siemens Canada Limited v. City of Ottawa, (2008 Ont. S.C.)
This is an interesting review of the change of venue test, whereby the defendant may seek to move the lawsuit from one Registry in Ontario to another. This case is reported at Siemens Canada Ltd. v. Ottawa (City) (2008) 93 O.R. (3d) 220 (Ont. S.C.).
This case involves an aborted $217 million project whereby the plaintiff was to provide parts of a light rail system (LRT) for the City of Ottawa. … Continue Reading
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