Last blog added on Friday, May 18th, 2012

Information About Ontario Rules of Civil Procedure

Ontario Rules of Civil Procedure is published by Fraser Milner Casgrain LLP.

Recent Posts

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

Hinds v. Group 4 Security, 2012 ONCA 207 (Rule 20 – summary judgment)

Judgment Released: March 29, 2012   Link to Judgment Under Rule 20, the determination of whether there is a “genuine issue requiring a trial” is a legal determination and the standard of review is correctness.  This is also the case on a question of mixed fact and law where it is said that... Read more »

Shakur v. Mitchell Plastics, 2012 ONSC 1780 (S.C.J.) (Rule 57.05 – costs of action brought in wrong court)

Judgment Released: March 16, 2012   Link to Judgment Rule 57.05(1), stating that a plaintiff in a Superior Court action who recovers less than the monetary jurisdiction of the Small Claims Court might not recover costs, applies even where the monetary jurisdiction of the Small Claims Court increas... Read more »

Dennis v. Ontario Lottery And Gaming Corporation, 2011 ONSC 7024 (Div. Ct.) (rule 4.1 – duty of expert witness; rule 53.03 – expert witnesses)

Judgment Released: December 2, 2011  Link to Judgment Rule 4.1 confirms that an expert’s duty of impartiality prevails over any duty owed to the parties who retained the expert. The new procedures in Rule 53.03(2.1) requiring the execution of an Acknowledgement of Expert’s Duty applies... Read more »

Laiken v. Carey, 2011 ONSC 7629 (Div. Ct.) (rule 20 – summary judgment)

Judgment Released: December 22, 2011   Link to Judgment Romano v. D’Onofrio (2005), 77 O.R. (3d) 583 (C.A.), which holds that novel causes of action are best determined on a fully developed record at trial rather than on a summary judgment motion, remains good law after Combined Air Mechanical S... Read more »

Bolohan v. Hull, 2012 ONCA 121 (rule 48.14 – action not on trial list)

Judgment Released: February 22, 2012   Link to Judgment The test for dismissal under the status hearing provisions of Rule 48.14 is that the plaintiff bears the burden of demonstrating that there is an acceptable explanation for litigation delay and that, if the action is allowed to proceed, the d... Read more »

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