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Posts Categorized: court civil procedure

Getting Rid of Assets > Chased by Judgment Creditors, “What if the Debtor has been disposing of their assets?”

The Issue:

What happens if you are ordered by the Court to pay someone money?

What assets can your creditor chase?

If you sell your house to your daughter, can your creditor still come after your (daughter’s) house?

In the recent case of Rose v. Pica, 2011 ONSC 7502 (CanLII), the Superior Court of Justice of Ontario set aside the transfer of a $300,000 house from mother/debtor to her daughter, leaving the house available to be seized by the judgment creditor.… Continue Reading


Charged with Careless Driving…Can You Still Sue for Your Damages?

The Issue

If you rear-end another car and you are charged with careless driving, can you sue the other driver (the car you hit) for damages for the injuries and loss that you have suffered?

Normally, plaintiffs are the ones who are rear-ended and it is expected that they can claim their damages for injuries suffered (a notable exception: here).

But if you rear-end, can you still sue?

Why This Matters

The recent Ontario Superior Court of Justice case of Hatzitrifonos v.Continue Reading

Is a Fractured Left Knee a Serious and Permanent Injury?

The Issue

In order to recover pain and suffering damages in Ontario, if challenged by the defendant insurer by way of threshold motion, you have to prove that your injuries are a “permanent serious impairment of an important physical, mental or psychological function”.

If as the plaintiff you do not prove your case or surpass this threshold test, then you will be denied the ability to collect pain and suffering damages for your injuries.

Why This Matters

Insurance companies are only required to pay pain and suffering damages to people hurt in Ontario car accidents if the plaintiff’s injuries surpass the Bill 198 threshold described above.… Continue Reading

You Must Pay Before You Can Sue: $200,000 in Security for Costs Awarded

The Issue

In certain situations, the Court can order that a plaintiff (bringing a lawsuit) must pay money into Court as a pre-condition to continuing their lawsuit.

Why This Matters

The recent Ontario Superior Court of Justice case of Future Health Inc. v. Economical Mutual Insurance Company, 2012 ONSC 4308 (CanLII) deals with a plaintiff company that was bankrupt and bringing this lawsuit against the defendant.  The plaintiff bankrupt company was ordered to pay security for costs, arising from the concern that the plaintiff had ‘nothing to lose’ with the lawsuit – i.e.… Continue Reading

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Playing With Fire: Contempt and The Problem With Ignoring Court Orders

The Issue

A simple rule prevails in lawsuits – follow Court Orders and try to stay ahead of your lawsuit obligations.

What can happen, then, if you fail to follow the Court’s Order(s) in your lawsuit?

What are the penalties?  How can this affect your lawsuit?

Why This Matters

Lawsuits are not easy.  They tend to become a real battle psychologically and emotionally upon the litigants, as well as taking a financial toll.

Sometimes, as a result of negative developments in a lawsuit, a party does not wish to comply with their lawsuit obligations. … Continue Reading

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Faster Lawsuits – 7 Hour Limit on Discoveries

The Issue

To force lawsuits to move forward faster, Ontario implemented a “7 hour” time limit on Discoveries as part of the January, 2010 package of reforms to the Rules of Civil Procedure.

If you wish to extend the time to more than 7 hours, you need opposing counsel’s consent or a Court order.

• How is this “7 hour” limit going to be interpreted by the Court?
• When will the Court grant an extension of time to allow more than 7 hours?… Continue Reading

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