Due diligence is not a separate basis for determining whether a limitation period has expired. So says the Ontario Court of Appeal in Fennell v. Deol 2016 ONCA 249, a recent decision arising out of a motor vehicle accident and a claim issued outside of the two-year limitation period.
By MARK COOMBS, Student at Law Be careful who you trust with your car keys. The older approach taken by the Court of Appeal in Newman and Newman v. Terdik,  O.R. 1 (C.A.) gave owners a break by not making them vicariously liable where an operator drove outside the scope of the permission given, [...]
To succeed in an occupier’s liability claim, a plaintiff must be able to point to some act or failure to act on the part of the occupier that caused the plaintiff’s injury. An occupier need not remove every possible danger – the standard of care is one of reasonableness and not perfection.
One of the first lessons I learned about the business of law was the importance of a book of business. Of building a client base that values your services and will continue doing so, whether you leave to work on your own, in a partnership, or in a larger law firm. This is not a [...]
Back in 2010, when amendments to the summary judgment rules were introduced, there was a ripple of excitement through the litigation community. Here at last was a procedure which would help to resolve cases in a more cost-effective and expeditious manner. The former summary judgment rule had fallen into disuse because summary judgment was so [...]
Karen Martin was away from home one weekend and her son, Randy, took her car and was involved in a tragic accident that killed two young persons and seriously injured two others. Randy was criminally charged and pleaded guilty. The criminal case included an admission by Randy that he was driving his mother’s car without [...]
With Battacherjee v Marianayagam 2013 ONSC 40, the Ontario Superior Court has confirmed that drivers who plead guilty to a driving offence will find it hard to avoid civil liability. The decision also clarifies the circumstances under which criminal and quasi-criminal convictions may be re-litigated by courts in subsequent civil proceedings.
In an important decision released December 5, 2011, a five-judge panel of the Ontario Court of Appeal has clarified when summary judgment may be available to litigants. In doing so, the Court of Appeal has departed from the existing framework of summary judgment case law and established a fresh approach to the interpretation and application [...]