Posts Categorized: motion
Designating a Person as a Party Under Disability in Ontario
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, motion on
An interesting illustration of the type of process that is to be undertaking in order to have a party litigant, in a civil litigation lawsuit, designated as a ‘party under disability’ against their will: York Condominium Corporation No. 301 v. James, 2014 ONSC 908.
This case involves a condominium corporation seeking certain relief against the defendant, who occupies a unit in the condo. Allegations include that the defendant is unfit to care for herself (i.e. sleeping in stairwell) and may be a danger to herself and others (i.e.… Continue Reading
Defence Medical Assessments from Rear-End Car Accident: How Many Do You Have to Attend?
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, damages, motion, personal injury on
The Issue: One question many car accident victims have when they start a lawsuit is how many medical examinations they will have to submit to during the course of their lawsuit. The Rules of Civil Procedure allow for one medical assessment, with the defendant(s) having then to seek the plaintiff’s consent or a Court order for any further assessments. In reality, the Court will generally allow the defendant to match a plaintiff in terms of expert medical reports.
When can the defendant’s insurance company force you to undergo further defence medical examinations, when you’ve already been examined by their chosen psychiatrist and physiatrist?… Continue Reading
Faster Lawsuits > Practice Reminder: Tickler System for Service of Statement of Claim
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, motion on
A busy litigation practice involves juggling priorities and managing the deadlines which naturally occur in each lawsuit.
One requirement, designed to move lawsuits forward, is to serve the defendants formally with your Statement of Claim within six months of issuance.
If you fail to and do not obtain consent from the defendant, then you have to bring a motion seeking a Court order extending the time for service of the Statement of Claim past six months, as happened in: Bernardo v.… Continue Reading
Settle Out of Court for $80,000; Fight in Court Over $1400
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, motion, personal injury on
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
10 Year Old Lawsuit Faces Motion To Dismiss for Delay: A Close Call Averted
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, evidence, motion on
If your lawsuit is not moving forward in an expeditious manner, the defendants can bring a motion to dismiss for delay, as occurred in this recent case: Mayhew v. Paddon + York Inc., 2014 ONSC 57 (CanLII).
In this case, the allegations against the plaintiffs included failure to comply with several previous Court orders, as well as a delay in answering undertakings arising from Discovery.
Judge Morawetz lays out the test to consider as follows:
[28] The court’s authority to dismiss an action for delay is found in Rule 24.01… Continue Reading
Settle Out of Court for $80,000; Fight in Court Over $1400
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, motion, personal injury on
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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