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Posts Tagged: summary judgment

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

Faster Lawsuits – Summary Judgment Motion Changes

The rules governing the way civil lawsuits are conducted in Ontario have changed – see January 25, 2010 blog and March 11, 2009 blog.

For lawsuits which seek more than $25,000, one of the most significant changes is to the rule governing summary judgment motions.

A “summary judgment motion” is an early Court attendance where one party tries to end the lawsuit very early, before Trial, on the basis that the case is so strong in their favour that they can show that they should and almost certainly will succeed at Trial.… Continue Reading

Faster Lawsuits – Changes to Lawsuit Rules

Ontario has changed some of its rules governing the way that lawsuits are conducted, to allow people to get to Court and have their Trial heard faster. Readers can find some background in our previous blog – March 11, 2009 blog.

Some of the changes regarding lawsuits in Ontario include:

• Ontario’s Small Claims Court can now deal with civil lawsuits up to $25,000 in value (formerly $10,000) per Reg 626/00 of the Courts of Justice Act;

Ontario’s Rules of Civil Procedure for civil lawsuits seeking more than $25,000 has been changed significantly, including
• “simple” lawsuits conducted under the Simplified Rules structure can now seek up to $100,000 in damages (formerly $50,000);
• Steps within the lawsuit, including production of documents relevant to the lawsuit, Examinations for Discovery of parties and Court motions to resolve disputes, are revised to make the lawsuit proceed faster;
• Attempts to end the lawsuit quickly – in the form of a Summary Judgment motion – are assisted with modified rules; and
• Preparing for Trial to avoid delays and to have the lawsuit proceed faster have also been implemented.… Continue Reading

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Hit by an Uninsured Car in Ontario, who do you sue?

What happens when a pedestrian is hit by an uninsured car?  What if that pedestrian does not have her own car (i.e. at home) and therefore she has no insurance coverage herself?

And what happens if the pedestrian is sprawled on the front hood of the uninsured car when together, they immediately hit a taxi that is properly waiting to make a left hand turn at that same intersection?

Which insurance company will respond to the pedestrian’s tort lawsuit seeking damages? … Continue Reading

After Settling Your Claim, Can You Still Sue?

Case CommentWasyliuk v. Osipau (2009 Ontario Superior Court)

The plaintiff was rear-ended in a car accident and received some Accident Benefits afterwards.  His was not an active claim and approximately 20 months after the accident (before he retained a lawyer) he met with the opposing side’s tort insurance adjuster, signed a Full and Final Release settling his claim and accepted $4,657.92 as settlement of his claim.

By settling, the plaintiff presumably was giving up his right to sue for damages, before actually starting a lawsuit, in exchange for an early settlement.… Continue Reading