Bonnie Greenaway

Nov 22, 2023 | mondaq.com | Jonathan Chen |Bonnie Greenaway

Pleadings continue to be a popular battleground in the product liability context. Over the years, a body of law has developed respecting motions to strike for negligent design, negligent manufacture and failure to warn claims. Nevertheless, there continues to be debate as to the specificity needed for pleading these types of claims. That debate is fuelled in part by jurisprudence demonstrating a high tolerance for claims that are arguably vague and lacking in material facts.

Nov 17, 2023 | litigate.com | Jonathan Chen |Bonnie Greenaway

Pleadings continue to be a popular battleground in the product liability context. Over the years, a body of law has developed respecting motions to strike for negligent design, negligent manufacture and failure to warn claims. Nevertheless, there continues to be debate as to the specificity needed for pleading these types of claims. That debate is fuelled in part by jurisprudence demonstrating a high tolerance for claims that are arguably vague and lacking in material facts.

Jul 31, 2023 | mondaq.com | Sam Rogers |Bonnie Greenaway |Rosemary L. Gasparro

How, if at all, does an unsuccessful interim adjudication effect a party's lien rights? In Arad Incorporated v Rejali et al, 2023 ONSC 39491 the Ontario Superior Court dismissed a defendant's motion for the return of monies deposited into court as security to a lien claim—even though an interim adjudicator had determined they were not liable to pay the plaintiff. This case examines the evidentiary burden required to be met for the court to reduce or return security under s.

Jul 27, 2023 | lexology.com | Sam Rogers |Bonnie Greenaway |Rosemary L. Gasparro

How, if at all, does an unsuccessful interim adjudication effect a party’s lien rights? In Arad Incorporated v Rejali et al, 2023 ONSC 3949[1] the Ontario Superior Court dismissed a defendant’s motion for the return of monies deposited into court as security to a lien claim—even though an interim adjudicator had determined they were not liable to pay the plaintiff. This case examines the evidentiary burden required to be met for the court to reduce or return security under s.

Jun 27, 2023 | mondaq.com | Non-Canadians Act |Sam Rogers |Bonnie Greenaway |Nicholas Geringer

In Ozz Electric Inc. v Bondfield Construction Company Limited, 2023 ONSC 31151, the Ontario Superior Court of Justice determined whether the lien of a subcontractor was expired in the context of the insolvency of Bondfield Construction Company Ltd. ("Bondfield"). This decision provides a helpful review of the factors and evidence that are important in establishing the date of supply and determining whether a lien has expired, in addition to how courts assess bona fide supply.