Posts Tagged: court civil procedure
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
Toronto Sidewalk Slip and Fall: Aggressive Summary Judgment Motion by Contractor Against City Fails
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, insurance law, municipality, personal injury, slip and fall on
In a slip and fall case against a city / municipality in Ontario, there is a difficult standard of care for plaintiffs to prove against the City in respect of the gross negligence standard. It is typical for a plaintiff to sue both the City and the actual contractor company hired by the City to perform the snow and ice clearing work.
In a recent decision, an interesting case whereby the plaintiff chose not to sue the contractor, thereby leaving it to the City to commence a Third Party Claim against the contractor.… Continue Reading
Minimum Maintenance Standards for Municipalities: Challenge Averted
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, insurance law, motor vehicle accident, municipality, personal injury on
The MMS has been the subject of attack by the plaintiff’s Bar and this application was one attempt to obtain a Court decision on the enforceability of some of those provisions: Silveira v. Ontario (Transportation), 2014 ONSC 65 (CanLII).
The MMS law sets out the legal responsibilities of municipalities for such issues as snow clearing, fixing potholes and other issues: Minimum Maintenance Standards for Municipalities Act 2002 and 2010.
In this application, the attack was on the ability of the municipality to use the MMS to defend against a car accident which occurred during the winter, in which snow and ice is alleged to have caused and/or contributed to the accident.… 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
Fatal Accident in Aurora: Car vs. Motorcycle, Uninsured Status
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, insurance law, motor vehicle accident, motorcycle accident, Ontario, personal injury on
A sad case arising from a car and motorcycle accident in Aurora, in which the motorcycle crossed the centre median and violently crashed head-on with a car, killing the front seat car passenger and injuring the car driver; the motorcyclist died at the scene. To complicate matters, the motorcyclist was driving without valid insurance coverage.
The damages claims of the car driver and car passenger were resolved, but on the issue of liability, the question remained as to whether the other two motorcyclists riding close to the offending motorcyclist were, in part, responsible for causing or contributing to this accident:Mallory v.… Continue Reading
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