Civil Litigation

The defendant used the process established by the Patented Medicines (Notice of Compliance) Regulations to keep the plaintiff’s generic version of the defendant’s patented drug out of the market for two years. Because the defendant’s patent was later invalidated, the plaintiff became entitled under s. 8(1) of the Regulations to recover the damages it suffered… Continue reading Apotex Inc. v. Eli Lilly and Co., 2015 ONCA 305

The plaintiffs sued their former accountants. After the plaintiffs’ lawyer set the action down for trial, the plaintiffs brought a motion for an order granting them leave to conduct an examination for discovery of the individual defendant. Held, the motion should be granted. A moving party is not required to show a substantial or unexpected… Continue reading BNL Entertainment Inc. v. Ricketts, 2015 ONSC 1737


The award of damages for intentional infliction of mental suffering is compensatory. It is meant to compensate the plaintiff for the harm she suffered because of the defendant’s misconduct. Punitive damage awards are not compensatory. They are meant to punish the defendant in exceptional cases where the defendant’s conduct has been “malicious, oppressive and high… Continue reading Boucher v Wal-mart Canada Corp. Et al, 2014 ONCA 419

The defendants published a series of newspaper articles about the plaintiff’s successful bid on a $300 million contract to build a new critical care centre at a Toronto hospital. The plaintiff sued the defendants for damages for defamation, claiming that they falsely alleged that the plaintiff obtained the contract corruptly. The defendants pleaded the defences… Continue reading Bondfield Construction Company Ltd. v. Globe and Mail Inc. 2019 ONCA 166

The plaintiffs’ restaurant was destroyed by a deliberately set fire in June 2006. Within days of the fire, the defendant insurer put the plaintiffs on notice that it might deny coverage on the basis that the plaintiffs had set the fire. The plaintiffs commenced an action in 2007 for indemnification under the policy. In its… Continue reading 1588444 Ontario Ltd. v. State Farm Fire and Casualty Co. 2017 ONCA 42