Last blog added on Wednesday, September 18th, 2019

Information About Case Law Corner

Recent Posts

Below is a preview of the five most recent posts from the blog Case Law Corner. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!

  • Striking a jury notice / “wait and see” approach – ONSC

    Having the right to a trial by jury is a substantive right and applying to court to strike a jury notice is not an easy application.  Cogent reasons must be presented to succeed in such an application. We review an Ontario Superior Court of Justice decision in which a Defendant applies to strike a j … Read more »

  • Refusal to accept reasonable offer results in double costs

    This recent costs hearing referenced as Godbout v Notter, 2019 BCSC 1481 (CanLII) is an example of when an insurance company allegedly takes advantage of the difficult financial circumstance of the Plaintiff by refusing to make or accept a reasonable offer, the strategy being that the difficult circ … Read more »

  • Adjudicative Independence

    A recent Court of Appeal for Ontario decision has affirmed a Divisional Court’s decision in favour of the Plaintiff setting aside a LAT’s decision that the Plaintiff had not met the threshold test for “catastrophic impairment”.  A new hearing has been ordered. The Court of Appeal states:  While it m … Read more »

  • Defamation and anti-SLAPP Applications

    A defamation application takes a toll on people.  These actions are not easy. There is a very recent decision that provides great information about anti-SLAPP applications, which is a dismissal application brought by a Defendant who has been named in a defamation action on the basis that the case la … Read more »

  • Permanent Serious Impairment – ONSC

    It is always helpful to review decisions in other jurisdictions for insight as often times we see a parallel in the law. In this article, we look at an Ontario Superior Court decision referenced as St. Marthe v. O’Connor, 2019 ONSC 1585 (CanLII) in which the Plaintiff successfully proved that the in … Read more »