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Posts Tagged: motion

The Key to a Strong Lawsuit? Evidence, evidence, evidence.

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

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Starting a Lawsuit in your Home Town – Change of Venue Principles Reviewed

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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Facebook and My Space Users Beware – Your Personal Profile as Evidence in a Personal Injury lawsuit

Case Comment – Leduc v. Roman, 2009 (Ont. S.C.)


The rise of these social interaction websites has been chronicled for some time and even for those who do not use these sites, they are familiar.  With MySpace being purchased for $580M (US) in 2005, a small portion of Facebook being sold to Microsoft in 2007 (valuing all of Facebook potentially at $15B) and U.S. Presidential candidate Barack Obama utilizing the power of the internet to his campaign’s benefit, the power of the internet to spread information and gather people is acknowledged.… Continue Reading

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