Civil Litigation
New 60 Day Notice Requirement in Occupiers’ Liability Act (Injury from Snow or Ice) Overview
Bill 118, An Act to amend the Occupiers’ Liability Act, received royal assent on December 8, 2020 and came into force on January 29, 2021. The amendment introduces a new 60-day notice requirement for claims for personal injury caused by snow or ice which, if not met, will bar actions unless an exception applies. The… Read More »
Categories: Civil Litigation, Limitations ClaimsWhat’s in a Name? Everything – Follow Court Naming Protocols To Make Sure You Can E-File Documents
As Ontario Courts increasingly move towards accepting electronic filing, litigants will need to follow the prescribed document naming protocols. While you or your firm may have internal naming protocols, to file, you will need to submit using the Court’s requirements. Note that the Court may reject your filing if you do not comply with the… Read More »
Categories: Civil LitigationTips to Prepare for the New Rule Changes
On January 1, 2021, significant changes to the Rules of Civil Procedure come into force. While you should review the amendments carefully, this article (download as a PDF) include some key practical tips and an overview of the major changes. Key Practice Tips You can now serve documents by email. Confirm that your email address… Read More »
Categories: Civil Litigation, TechnologyOntario limitation periods and procedural time periods resume September 14, 2020
By an Emergency Order dated March 20, the Ontario government suspended the running of most provincial limitation periods and procedural time periods retroactively to March 16 due to the COVID-19 emergency. The Emergency Order will be revoked on September 14, 2020. While the government has already lifted the suspension for some types of matters (Construction… Read More »
Categories: Civil Litigation, Limitations ClaimsConstruction Law Resumption of Limitations Periods and Practice Management Tips
While they were initially caught by the general suspension that was retroactive to March 16th, the suspension for matters under the Construction Act was lifted for all matters on and after April 16, 2020. In effect, limitation periods were suspended from March 16, 2020 to April 16, 2020. Time ran again on April 16th, with… Read More »
Categories: Civil Litigation, ConstructionThe Dangers of Rule 49 of the Rules of Civil Procedure
Consider the following scenario: You act for a plaintiff in a Superior Court matter. On your client’s instructions, you send the opposing counsel an informal email in which you offer to settle the litigation for $100,000. You do not include an expiry date for the offer. The opposing counsel promptly rejects the offer by email… Read More »
Categories: Civil LitigationSuperior Court of Justice June 25th Notice to the Profession, Litigants, Accused, Media and Members of the Public
On June 25th Chief Justice Morawetz issued a further Notice to the Profession regarding the phased reopening of courtrooms. The Superior Court of Justice continues to hear matters virtually, as set out in the May 13, 2020 Consolidated Notice to the Profession. In addition, the June 25th Notice advises that 56 courtrooms are expected to… Read More »
Categories: Civil LitigationOntario Suspension of Limitation Periods and Procedural Deadlines Extended to September 11, 2020
On March 20, 2020, the provincial government, through the Lieutenant Governor in Council, made O. Reg. 73/20 under s. 7.1 of the Emergency Management and Civil Protection Act (EMCPA) suspending limitation periods and procedural time periods. The suspension is retroactive to March 16, 2020. On June 5th, the provincial government made a further order continuing… Read More »
Categories: Civil Litigation, Limitations Claims