Archives for: Insurance

Barbeau v. Kitchener 2017 ONSC 24

A recent trial decision involving a trip and fall on a sidewalk surface discontinuity provides a good example of the right and wrong ways to measure a “tripper”. Although arguably misapplying, (fortunately in obiter), s.16.1 of the MMS and the “2 cm rule”, the Honourable Justice Broad did state that:   “The discontinuity between the Read more...

Lucas Kittmer joins PM Law

The partners of Paterson MacDougall LLP are very pleased to welcome Lucas Kittmer as a new associate with the firm. Lucas completed his articles this year with Teplitsky Colson LLP, receiving warm praise for his hard work there while a student at law, and was called to the bar in June. He graduated from U Read more...

Summary Judgment for Failure to Give Notice under s.44(10) – “Substantial Inconsistencies in the Evidence” noted by the Court

On February 18, 2016, the Ontario Superior Court of Justice released its decision on a motion for Summary Judgment, in Bourassa v. Temiskaming Shores (City). In the reasons for decision, the Court rejected several arguments put forth by counsel for the Plaintiff, Lorenzo Girones, Q.C., of Girones Lawyers, and granted the City’s motion to dismiss Read more...

Paterson MacDougall’s Clay Hunter elected as member of FDCC

We are pleased to announce that Paterson MacDougall’s Clay Hunter has been elected as a member of the Federation of Defense & Corporate Counsel. Headquartered in the United States, the Federation is the world’s leading defence counsel organization. Composed of both defence and corporate counsel, its members have achieved professional distinction and are recognized leaders Read more...

Update: When does a defendant submit to a foreign court’s jurisdiction?

There are indeed perils when a defendant ignores a lawsuit brought in a foreign jurisdiction, but a recent decision from the Court of Appeal of New Brunswick highlights what steps must a foreign plaintiff take to enforce a judgment from abroad and what factors must be considered to determine whether a defendant submitted to the foreign Read more...

Moore v. Getahun, 2015 ONCA 55

The Court of Appeal for Ontario released its reasons for decision yesterday in a much anticipated appeal ruling centering upon the rules respecting experts, and the consultations between counsel and their experts, in medical malpractice actions and other actions in Ontario. The full decision can be read here: http://www.ontariocourts.ca/decisions/2015/2015ONCA0055.htm   The key findings by the Court Read more...

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