Monthly Archives: April 2015

Setting aside a noting in default in the Ontario Superior Court of Justice

Pleadings in the Ontario Superior Court of Justice must be exchanged within time limits. Procrastination must be replaced with an eye to the prescribed time to deliver, for example a defence to a claim. Sometimes, a defendant may be in … Continue reading

Habeas Corpus

Habeas Corpus is one of the oldest writs . Dating back in its present form to the mid-fifteenth and sixteenth centuries, it permits the court to require the Crown to bring a detained person before it to determine whether the … Continue reading

Conditional sentences in Canada

The criteria relating to conditional sentences was discussed by Chief Justice Lamer in R. v. Proulx  2000 SCC 5 (Canlii) in paras. 46 and 47. He wrote: “This provision lists four criteria that a court must consider before deciding to … Continue reading

Intentional Interference with Contractual Rights in Ontario

There are 4 essential elements to a claim for intentional interference with contractual rights in Ontario: A valid contract between the plaintiff and a third party; Knowledge of the contract by the defendant; The defendant’s conduct intended to and did … Continue reading

The tort of battery in Ontario

The tort of battery is committed whenever someone intentionally applies unlawful force to the body of another. There is no requirement to prove fault or negligence. Nor is there a requirement to prove damage or injury. Relatively simple acts can … Continue reading

Ontario’s Construction Lien Act: Privity of Contract/ Trusts

One of  Ontario Construction Lien Act’s primary features is its remedy of the common-law requirement of privity between parties. In an industry composed of owners, developers, general contractors, subcontractors, etc , the Construction  Lien Act (“CLA”) does away with the … Continue reading

Assuming jurisdiction over a foreign defendant in Ontario

The Supreme Court of Canada’s decision in Club Resorts Ltd. v. Van Breda governs  whether a court in Ontario should assume jurisdiction over a foreign defendant. The two main issues in making this determination are: 1. Does the court in … Continue reading

Open Courts

The principle that the courts should be open to the public and the media is a fundamental and long-standing Canadian legal value. It was recognized and endorsed by the Supreme Court before the advent of the Canadian Charter of Rights … Continue reading

Police Powers and Assaults by Police: Ontario

The police are justified in using force to enforce the law provided they act on reasonable grounds and use only as much force as necessary. They are criminally responsible for any excessive use of force according to the nature and … Continue reading

The Insurer’s Duty to Defend: Ontario

An insurer’s duty to defend its insured is determined by reference to the pleadings , documents referred to in the pleadings, and the terms of the policy. A court generally cannot consider facts that are not contained in the pleadings. … Continue reading