Introduction Rule 20.01 of the Ontario Rules of Civil Procedure sets out the procedure to follow when any party feels they have a good case for summary judgment. The Rule contemplates such motions being brought to resolve all, or only one part, of the claim or defence. The question that arises is when is the […]
Category Archives: Appellate Litigation
The Importance of Putting Your Best Foot Forward
Introduction It sounds like trite advice to hear that a party must put their best foot forward on a motion for summary judgment. It is hard to believe this warning could ever be considered overused and consequently of little import, and therefore ignored. However, it continues to happen and most surprisingly by both plaintiffs and […]
New Evidence on the Appeal of a Damage Award
The principle of finality in law seeks to ensure that what is decided is left alone unless there are errors in law on appeal. Where there are no errors, but there is fresh evidence, which would have been both admitted and had an impact on the damages awarded, should it be admitted on an appeal? […]
Success at Court of Appeal
We successfully respond to an appeal of a class action decision dismissing the claim against our client on summary judgment. A copy of the decision can be found here: https://www.canlii.org/en/on/onca/doc/2017/2017onca548/2017onca548.html?searchUrlHash=AAAAAQAGQmFrc2hpAAAAAAE&resultIndex=9