Ontario Rules of Civil Procedure - by FMC

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 the motion judge applied an incorrect [...]

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 increases during the pendency of the action. A plaintiff should [...]

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 only to trials, not to class action certification motions; however, “one [...]

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 Services Inc. v. Flesch, 2011 ONCA 764.

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 defendant will suffer no non-compensable prejudice. The focus [...]

CIA Inspection Inc. v. Dan Lawrie Insurance Brokers Ltd., 2011 ONCA 706 (rule 1.04 – proportionality)

Judgement Released: November 7, 2011 Link to Judgment In upholding an award of partial indemnity costs said to be “virtually the same” as a substantial indemnity award, the Court of Appeal held, among other things, that “while the trial judge did not specifically refer to R. 1.04(1), and while there may be some disproportionality in the [...]

Combined Air Mechanical Services Inc. v. Flesch, 2011 ONCA 764 (rule 20 – summary judgment)

Judgment Released: December 5, 2011 Link to Judgment The Court of Appeal has now released its omnibus decision on the new summary-judgment rule. Three types of cases are amenable to summary judgment: (1) cases where the parties agree to summary judgment; (2) cases where the claims or defences are without merit; and (3) cases where the interests of justice do [...]

Mehdi-Pour v. Minto Developments Inc. et al, 2011 ONSC 3571 (Divisional Court) (Rule 20 – summary judgment)

Judgment Released: June 8, 2011 Link to Judgment On an appeal to the Divisional Court from an order of a Master on a motion for summary judgment, where the Master dismissed the plaintiffs’ claim, the plaintiffs/appellants argued that the Master exceeded his jurisdiction under Rule 20.04 as the motion required a decision on a point of [...]

Loat v. Howarth, 2011 ONCA 509 (O.C.A.) (Rule 20 – summary judgment)

Judgment Released: July 12, 2011 Link to Judgment In the context of an employment dispute, the plaintiff moved for partial summary judgment in relation to unpaid wages and termination pay allegedly owing to him by the defendant employer. The motions judge dismissed the plaintiff’s motion for summary judgment finding that there were facts in dispute and [...]

Cusimano v. D.A.D. Construction Inc., 2011 ONSC 5707 (S.C.J.) (Rule 20 – summary judgment)

Judgment Released: September 29, 2011 Link to Judgment On a motion for summary judgment, the parties agreed that the applicable test on a Rule 20 motion was that articulated by Pepall J. in Canadian Premier Life Insurance Co. v. Sears Canada Inc., [2010] O.J. No. 3987 (S.C.J.) at para. 70, as follows: -The court must be [...]