Kapoor v. Kuzmanovski: A Debate on the Insurance Paying Juror
Recently, the Ontario Superior Court of Justice in Kapoor v. Kuzmanovski, 2018 ONSC 4770 (CanLII) determined the issue of whether individuals who drive and pay automobile insurance premiums can be excluded as potential jurors in cases arising out of motor...
Juries Behaving Badly
Jury duty is an – often dreaded – civic duty central to the justice system in Canada. A juror’s duty is to listen to the evidence and argument, and to deliver an independent, impartial decision based on the case presented...
Nemchin v. Green: The Deduction of Collateral Benefits at Trial
The plaintiff was injured in a car accident in 2010. The trial in 2017 led to a jury verdict of $125,000 in general damages and $600,000 in future loss of income. The plaintiff did not seek an award of past...
Where a Plaintiff is Ordinarily Resident Outside of Ontario, Under What Circumstances will a Court Order Security for Costs?
General Legal Principles Rule 56.01 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 provides that the Court, on motion by a defendant in a proceeding, may make an order for security for costs where it appears that the...
Artificial Intelligence Revolution and the Insurance Industry
The information revolution has had an undeniable impact on society, as did the industrial revolution before it. Now artificial intelligence is poised to be the next revolution that will have an immense impact on our society from our personal lives...
“Scanty” Evidence Failed to Establish a Plaintiff’s Entitlement to Recover Interest on Loans Borrowed for the Purpose of Litigation
In Isbister v. Delong, 2017 BCCA 340, the British Columbia Court of Appeal upheld a trial judge’s decision that the plaintiff was not entitled to recover, as special damages, interest on money she borrowed from her lawyers. Facts of the...
Clarifying the “Trilogy” and the Covenant to Insure: Royal Host GP Inc. v. 1842259 Ontario Ltd.
Introduction In Royal Host GP Inc. v. 1842259 Ontario Ltd., 2018 ONCA 467, the Ontario Court of Appeal reversed the motion judge’s decision, clarified what is known as the “Trilogy” and allowed a landlord to advance a subrogated action against...
Impact of Social Media Evidence in Litigation
It is undeniable that social media has transformed the way individuals interact with one another. In 2018, 64% of Canadians had a social media profile, 50% of whom were registered on more than one social media site.[1] Ontario has the...
No Enforceable Settlement: Civil Fraud at Pretrial Results in Costs Award of $100,000 Payable to the Defendant
The underlying facts of Paulus v Fleury[1] are unremarkable. The parties were involved in a motor vehicle collision which occurred on November 10, 2008. The plaintiffs said that it was a straightforward rear-end collision for which the defendant was entirely...
Causation in Historical Sexual Abuse Cases
The concept of causation is difficult to grasp at the best of times, as much ink has been spilled over the years since the decision of Athey v Leonati[1] in which the court applied the “material contribution” test. Eleven years...
