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.