Ontario Annual Practice provides up-to-date, comprehensive assistance for the practising bar, judiciary, and administrative tribunals in all aspects of litigation, with all relevant legislation and rules of procedure in one text.

Mr. Frank Walwyn joins as co-author with the 2023-2024 edition. Mr. Walwyn is a distinguished and highly respected civil litigator.

This new edition provides an overview of recent developments that discusses all of the new amendments to the rules, related legislation and Practice Directions, extensive synopses of all rules and recent amendments, legislative updates current to Ontario Gazette Vol. vo.156:16 (April 23, 2023) and extensive new case annotations.

New Case Annotations:

Courts of Justice Act

• Peace River Hydro Partners v. Petrowest Corp. (2022), 475 D.L.R. (4th) 1, [2022] 12 W.W.R. 371 (S.C.C.) — s. 106 – considers stays and arbitration legislation
• Park Lawn Corporation v. Kahu Capital Partners Ltd., 2023 ONCA 129, 2023 CarswellOnt 2359 (C.A.), additional reasons 2023 ONCA 202 (C.A.) — s. 137.1 – reviews dismissal of proceedings that limit debate in context of anti-SLAPP motions

Rules of Court

• Association de médiation familiale du Québec v. Bouvier(2021), 464 D.L.R. (4th) 383, 64 R.F.L. (8th) 1 (S.C.C.) — r. 30.02 considers settlement privilege and scope of documentary discovery
• Dorsey v. Canada (Attorney General), 2022 ONCA 762, 2022 CarswellOnt 16296 (C.A.) — r.13.03 where an intervener is given leave to intervene as a party, it enjoys the same rights of appeal as any other party does, but is restricted to the issues in which their interests are engaged
• Vale Canada Limited v. Royal & Sun Alliance Insurance Company of Canada, 2022 ONCA 862, 2022 CarswellOnt 17632 (C.A.) — r. 17.02 and environmental liability claims outside of Ontario
• NDrive, Navigation Systems S.A. v. Zhou (2022), 472 D.L.R. (4th) 736, 2022 ONCA 602 (C.A.) — r. 20.04 requirements for grant of partial summary judgment
• National Industries Inc. v. Kirkwood, 2023 ONCA 63, 2023 CarswellOnt 908 (C.A.) — r. 21.01 application of res judicata, issue estoppel, and abuse of process on a Rule 21.01 motion
• Mahendran v. 9660143 Canada Inc., 2022 ONCA 676, 2022 CarswellOnt 13996 (C.A.) — r. 25.06 material facts in a negligent misrepresentation claim
• McDonald v. Toronto-Dominion Bank (2022), 163 O.R. (3d) 674, 2022 ONCA 788 (C.A.) — r.53.07 whether there is prejudice when a party recalls one of its witnesses after that witness appeared as an adverse witness for the other party.
• SS&C Technologies Canada Corp. v. The Bank of New York Mellon Corporation (2022), 162 O.R. (3d) 753, 2022 ONCA 373 (C.A.) — r. 59.06 reasons for amendments to judgment allowed
• Gauthier Estate v. White, 2022 ONCA 846, 2022 CarswellOnt 17213 (C.A.) — r. 61.06 security for costs required where appeal had merit, low prospect of success and it would be nearly impossible to collect costs.
• Di Santo v. Di Santo Estate, 2022 ONCA 671, 2022 CarswellOnt 13678 (C.A.) — r.63.02 stay of order removing deceased's named trustees granted

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