Articles 2023

Topics include nuisance, occupier’s liability, estates, procedure to be taken where it is unclear whether an arbitrator has jurisdiction, an unsuccessful attempt to invalidate the actions of a Union at a national convention, summary dismissal of a subrogated action and unconscionability of an exclusion clause under an insurance policy.

A year has passed since the last edition of the Commercial List Users’ Committee Newsletter. This Issue #7 of the newsletter looks back at the experience of the Commercial List in 2014, and provides information and practice notes for the coming year.

This week’s topics include the contractual interpretation of a lease agreement in the context of an option to renew, the calculation of an award for wrongful dismissal, the availability of summary judgment in the context of third party claims, and the removal of counsel where a conflict of interest existed between an insured motorist and his insured.

The Ontario Court of Appeal handed down its highly anticipated decision in Moore v. Getahun. The decision provides much needed guidance for litigators and their clients in relation to the role of counsel in interacting with an expert witness in the preparation of an expert’s report.

Below are summaries of this week’s Ontario Court of Appeal civil decisions (non-criminal). The court’s long-awaited decision on expert reports in Moore v Getahun was released. The court has provided counsel with some much needed guidance on dealing with experts and the extent of disclosure obligations in respect of those dealings.

While discovery plans are an important step in every matter, in Ontario, the Rules of Civil Procedure requirements must be followed to ensure the plan is binding