Posts Categorized: motion
Ontario Summary Judgment: Applies Hryniak re Scheduling of Motion Issues
On behalf of Bougadis, Chang LLP Barristers posted in evidence, motion, Ontario, summary judgment motion on
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
Faster Lawsuits: Defence Tries to Force Plaintiff to Trial Within 3.5 Months of Starting Their Lawsuit
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, insurance law, motion, motor vehicle accident, personal injury on
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
On behalf of Bougadis, Chang LLP Barristers posted in costs, damages, evidence, motion, Ontario, trial on
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
Ontario Security For Costs: Barrier for a Plaintiff’s Lawsuit
On behalf of Bougadis, Chang LLP Barristers posted in insurance law, jurisdiction, motion, Ontario, personal injury, security for costs on
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
Faster Lawsuits: Ontario Summary Judgment Motions Clarified
On behalf of Bougadis, Chang LLP Barristers posted in motion on
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
Big Win for Ontario Insurer: Bifurcation of Personal Injury Trial Ordered
On behalf of Bougadis, Chang LLP Barristers posted in cottage / vacation, court civil procedure, damages, evidence, insurance law, motion, personal injury on
Splitting a trial – between liability and damages – is a tactic which favours the defendant insurers. If you have a serious injury, can the defendant force you to go to Trial twice? Can the defendant de-risk the file in the face of a significant damages claim?
A new case that should cause plaintiff personal injury lawyers to shudder: Woodbury v. Woodbury, 2013 ONSC 7736 (CanLII)
If you have a serious injury, can the defendant force you to go to Trial twice?… Continue Reading
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