Kulyk v Guastella, 2021 ONSC

 

Does the existence of criminal proceedings resulting from defamatory statements to the police defer the commencement of the limitation period for a civil slander claim against the complainant under s. 5 (1) of the Limitations Act, 2002, SO 2002, c 24, Sch B

 

Taiga Building Products Ltd. v. Classic Fire Protection Inc., 2021 ONSC 

 

Good discussions on the discoverability principle of the limitation period in light of a ruptured sprinkler system, where the inspection agency of the sprinkler system, and the installer of the sprinkler system both brought motion to dismiss the action as the same was started after the two year limitation period.

 

Sohal v. Lezama, 2021 BCCA

 

 Claims for contribution and indemnity are not like other claims.  They can arise only when the party seeking contribution has been found liable to someone else.  As such, when first pleaded, they are contingent claims. The defendants in a motor vehicle accident claim applied for leave to file third party notices claiming contribution and indemnity from the defendant driver’s employer.

 

Malak v Hanna, 2021 BCSC

 

In this defamation case which was commenced by the plaintiffs in May 2013, the plaintiffs seek damages from the defendants arising from the publication of defamatory statements on internet sites and by email in June 2012. The plaintiffs claim that these defamatory statements resulted in them not obtaining lucrative traffic control services contracts, including a contract from BC Hydro. The plaintiffs and defendants are competitors in the traffic control services industry.

Parhar v Weaver, 2021 BCSC

The plaintiff seeks damages for negligence and breach of contract in relation to a root canal procedure that was performed by the defendant. Shortly thereafter, the plaintiff began to experience debilitating pain, which has persisted over a number of years and which he believes is associated with the root canal. 

0694841 B.C. Ltd. v Alara Environmental Health and Safety Limited, 2021 BCSC

The plaintiffs’ claim is for damages resulting from the alleged negligence and negligent representations of the defendant in its conduct of an environmental site assessment.

 

Hemlow Estate v Co-operators, 2021 ONSC

Interesting decision on pollution liability under CGL. Define those terms!!

 

BMW Canada Inc. v. Autoport Limited, 2021 ONCA

 

At issue in this appeal is which of the parties is to bear the cost of the interim preservation of vehicles in an action where the respondent (BMW) claims damages for their total loss, but wishes to destroy them, and the appellant (Autoport) seeks their preservation for the purpose of inspection.

 

 

Alcantara v. Tulsiani, 2021 ONSC  and Halton Electric v. Beaucon Building, 2021 ONSC

 

Both cases discuss “setting aside default judgments”.

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