New and Updated in this Edition:
- Legislation is current to Ontario Gazette – Ontario Gazette Vol. 154:23 (June 5, 2021)
- Recent amendments to:
- Rules of Civil Procedure(Updated to O Reg 343/21)
- Family Law Rules(Updated to O Reg 152/21)
- Small Claims Court Rules(Updated to O. Reg. 249/21
- Court of Justice Act, R.S.O. 1990, c.C.43 (Updated to SO 2021, c. 4, Sched. 3)
- Updated forms
- New Annual Survey of Recent Developments in Civil Procedure
- All commentary, case law, Procedural Charts and rule highlights have been updated to take into account legislative amendments and additions to Practice Directions, Guidelines and Practice Advisories and recent case law.
- About 250 new case digests of decisions made since the last edition, including:
- Wiseau Studio, LLC v Harper, 2021 ONCA 31 (C.A.) – An extraordinary case where the Court of Appeal required the appellant-defendant to provide security for amount of the trial judgment pending hearing of the appeal.
- Poirier v. Logan, 2021 ONSC 1633 (S.C.J.) – One of several recent cases where the court dismissed an action because the plaintiff settled with one defendant and did not immediately disclose the settlement to the remaining defendants.
- Louis v. Poitras, 2021 ONCA 49 (C.A.) and several lower court decisions regarding whether to strike jury notices due to the Covid-19 pandemic.
- Duggan v. Durham Region Non-Profit Housing Corporation, 2020 ONCA 788 (C.A.) – The Court of Appeal overruled previous authority and held a court may not bifurcate a non-jury trial without consent of all parties.
- Uber Technologies Inc. v. Heller, 2020 SCC 18 (S.C.C.) - The Supreme Court of Canada refused to stay this uncertified class action pending arbitration overseas because the arbitration clause was unconscionable and invalid.
- 1704604 Ontario Limited v. Pointes Protection Association, 2020 SCC 22 (S.C.C.) - The Supreme Court of Canada set out the analytical framework to determine whether a claim should be dismissed under the Anti-SLAPP provisions of the Courts of Justice Act.
- Girao v. Cunningham, 2020 ONCA 260 (C.A.) – The Court of Appeal held that a trial judge has a duty to assist a self-represented litigant, and opposing counsel, as officers of the court, have a duty to provide basic fairness to a self-represented litigant.
- Bent v. Platnick, 2020 SCC 23 (S.C.C.) - A closely divided Supreme Court of Canada refused to dismiss under the Anti-SLAPP provisions of the Courts of Justice Act a claim by an expert witness against an officer of a lawyers' association who criticized him.
- Bruno v. Dacosta, 2020 ONCA 602 (C.A.) – The Court of Appeal re-emphasized that evidentiary rulings must be properly considered. Trial judges must avoid the temptation to rule all evidence admissible subject to their later assessment of weight. That is legal heresy.
- The Catalyst Capital Croup Inc. v. Dundee Kilmer Developments Limited Partnership, 2020 ONCA 272, 150 O.R. (3d) 449 (C.A.) - Court of Appeal held that, although rule 21.01(1)(b) can be used to deal with claims involving contractual interpretation, summary judgment is generally more appropriate as such claims usually involve mixed questions of fact and law and require a consideration of the factual matrix.
Standing order subscribers are entitled to receive the Practice Advisor, a biweekly email designed to keep you up-to-date on legislative and case law changes, at no extra charge, upon request.
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