Suspension of Small Claims sittings
NOTICE REGARDING THE SUSPENSION OF SMALL CLAIMS COURT SITTINGS March 16, 2020 Effective Monday, March 16, 2020, all sittings of the Ontario Small Claims Court are suspended until further notice. The hearings suspended include, but are not limited to, all trials, settlement conferences, motions, assessment hearings, garnishment hearings, contempt hearings and examinations, including teleconference hearings […]
St. Thomas SCJ adjournments etc.
The St. Thomas Trial Coordinator’s office has advised the Bar that ALL civil matters are being returned on June 8 to be spoken to.
Sarnia SCJ closure/procedure
On behalf of Justice Raikes, Local Administrative Judge for Superior Court, Sarnia, Ontario As you are all aware by order of Chief Justice Morawetz [found in full HERE] as of today all Superior Court matters have been suspended until beginning of June. To clarify some outstanding questions counsel may have in regard to civil and […]
Justice Grace’s statement, London SCJ
Notice from Justice Grace [March 17, 2020] In the ever changing landscape we find ourselves in, and in an attempt to reduce the crushing load borne by the Trial Coordinator and Assistant Trial Coordinator, Justice Grace has requested that we circulate the following information to our membership. We would ask that all law firms […]
London Courthouse closure Memo
MEMORANDUM TO: All London Courthouse staff and stakeholders FROM: Samantha Poisson, Director of Court Operations DATE: March 17, 2020 SUBJECT: London Courthouse 80 Dundas St. London, ON WILL BE CLOSED ON TUESDAY, MARCH 17, 2020 I am writing to inform all MAG staff that the London Courthouse will be closed on Tuesday, March 17th. Just […]
Chief Justice Statement on Covid-19 SCJ closures etc.
Notice to the Profession, the Public and the Media Regarding Civil and Family Proceedings [This article is a verbatim copy of the CJ’s statement, found online. Keep your eye on the SCJ website for further information. SUSPENSION OF SUPERIOR COURT OF JUSTICE REGULAR OPERATIONS March 15, 2020 To protect the health and safety of all […]
The Court of Appeal wrongly upends a routine practice
“The Ontario Court of Appeal continues to do surprising and alarming things with pre-incorporation contracts… Benedetto v. 2453912 Ontario Inc., 2019 ONCA 149 … is wrong on two grounds. The first ground is based on the expectations the parties will have had in the circumstances of the case. The second ground is based on a […]
“The Latest Word on Unjust Enrichment”
John O’Sullivan has provided an excellent summary of the Supreme Court of Canada’s latest case on unjust enrichment, Moore v. Sweet 2018 SCC 52: “The Latest Word on Unjust Enrichment“. The Supreme Court of Canada itself has provided a “Case in Brief“. Camberwell House’s summary of what “unjust enrichment” is found here.
What is a “constructive trust”?
Normally, when we think of a trust, we think of one specifically and deliberately set up: a trust fund for one’s children, for example. This is an “express trust”. A “constructive trust“, however, is one which is a court declares exists or imposes onto parties despite the fact that there wasn’t a specific intention to […]
Can materials disclosed in a civil action be used in a criminal one?
Heather Douglas examines exactly this question in her recent article, “Can Discovery Evidence Be Used in a Criminal Case?” on SLAW. The Division Court in S.C. v N.S., 2017 ONSC 5566 said that it was entirely up to the trial judge: [35] […] this plain reading of the Rule does not mean that the appellant […]
