Rules of Civil Procedure | Davidson Cahill Morrison LLP

Navy Davidson Cahill Morrison LLP case comment card reading "Kamlu Engineering v 2502301 Ontario Inc" with the subtitle "A board-less corporation lacks the capacity to sue", from dcmlaw.ca.

Kamlu v 2502301 Ontario Inc: Why a Board-Less Corporation Cannot Litigate

Peter Reinitzer June 23, 2026

In Kamlu v 2502301 Ontario Inc, the Ontario Superior Court dismissed an action as a nullity after the defence discovered the plaintiff corporation had operated for years with no valid board of directors, its sole directing mind an undischarged bankrupt. Justice Chiappetta held that an officer’s authority cannot outlive the board, and that a trustee’s silence is not ratification. A cautionary tale on corporate governance and the capacity to litigate.

The High Cost of Unreasonable Conduct: Why a “Hardball” Litigation Strategy is a Costly Gamble

Peter Reinitzer September 9, 2025

Offer nothing, force the plaintiff to finance a trial, and hope they fold: it is a familiar defence gamble, and a growing line of Ontario cases shows how badly it can go. In Barry v Anantharajah, 2025 ONCA 603, a defendant who never made a monetary offer faced a costs award reported to dwarf the plaintiff’s modest $16,160 recovery. The Court of Appeal’s message is plain: a reasonable offer, even a small one, is a vital tool for managing litigation risk.

Rule 53.03 and Opposing Late-Filed Expert Reports

Hudson Chalmers June 2, 2025

A March 2022 amendment quietly raised the bar for litigants who serve their expert reports late. Where the old rule granted leave almost as of course, the party at fault must now show a reasonable explanation and the absence of uncompensable prejudice or undue delay. Three years of Ontario rulings show the courts taking the change seriously, which makes opposing a late report a tactic well worth considering.

Welcome Changes to the Rules of Civil Procedure

Hudson Chalmers April 11, 2025

“Justice delayed is justice denied.” Few principles are repeated more often, yet civil cases in Ontario routinely take more than five years to reach trial. The Civil Rules Review, launched by the Attorney General and the Chief Justice, released its Phase 2 Consultation Paper in April 2025 with proposals to make civil proceedings faster, more affordable, and more accessible. A look at what the changes could mean for plaintiffs and defendants alike.

Court Awards Costs of $195,000 After Two Day Motion

Chris Morrison September 27, 2024

The defence was universally successful on a hard-fought set of motions in Avedian v Enbridge Gas Distribution, including the plaintiff’s bids to strike the defences and to recuse the trial judge. The court awarded $195,000 in costs, well above the usual range for a motion, and its reasons are a clear reminder of the price unnecessary and tactical motions impose on clients and the court.

Personal in a wheelchair with the title of the blog post

How Long Does A Personal Injury Lawsuit Take To Settle?

Paul Cahill August 9, 2024

One of the most common questions injured clients ask is how long their case will take to settle. This post walks through every stage of a personal injury or medical malpractice lawsuit, from investigation and pleadings through discoveries, expert reports, mediation, pre-trial, and trial, with a realistic time estimate for each.

A Lawyer’s Guide to Statutory Third Parties

Jim Davidson April 7, 2024

Statutory third parties are one of the trickier corners of Ontario automobile insurance litigation. This practitioner’s guide explains s. 258(14) of the Insurance Act: when an insurer can add itself as a statutory third party after denying coverage, how other parties can challenge that step, and the potential for prejudice to the at-fault defendant.

Taking Advantage of Simplified Procedure in MVA Concussion Claims

Hudson Chalmers March 9, 2024

For many concussion victims, issuing a motor vehicle claim under the Simplified Procedure of Rule 76 offers real advantages. This article explains how the 2019 changes removed jury trials, capped adverse costs, and raised the damages limit, and why that framework often suits the invisible injuries that make concussion cases so hard to prove.

The Importance of Keeping Civil Juries in Ontario

Joel Cormier February 25, 2024

Calls to abolish Ontario’s civil juries resurface from time to time, usually on the argument that they are slow, costly, or biased. This article makes the case for keeping them, explaining how juries check judicial bias, bring public participation and diversity to the justice system, and why the common arguments against them do not hold up.