What is the current state of the law in Ontario regarding the new requirements of Adams v. Murakami?

It is very likely plaintiffs in many cases not yet final presented sufficient evidence of the defendant's financial condition to satisfy the new requirements of Adams v. Murakami. These cases, of course, would be unaffected by this decision, as would cases not yet brought to trial. There also might be cases in which the defendant presented evidence of his or her financial condition. Although the burden is now on the plaintiff to present such evidence, there is no principled reason to require re-trial of those cases. Nor do we believe it would be necessary, except perhaps in the most extraordinary case, to require re-trial of liability for compensatory damages or entitlement to punitive damages where insufficient evidence of a defendant's financial condition was presented at trial to support the amount of the award.