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Category Archives: Practice and Procedure
Dangerous Driving Conviction Precludes Driver from Contesting Liability in Civil Action
The decision of Mr. Justice David M. Brown in Caci v. MacArthur raises some interesting questions relating to apportionment of fault. It also applied to this MVA action a line of decisions in sexual abuse cases, where defendants had not been … Continue reading
Posted in Evidence, Juries, Practice and Procedure, Trial Procedure
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Court Strikes Claim for Intentional Infliction of Mental Distress
In High Parklane Consulting Inc. v. Royal Group Technologies Limited, Mr. Justice Paul Perell struck out a claim for intentional infliction of mental distress, brought by the principal of a company that was itself a plaintiff, suing for breach of … Continue reading
Posted in Contract, Practice and Procedure, Tort News
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Third Party Action Against Plaintiff’s Expert Dismissed on Basis of No Duty of Care and “Witness Immunity”
In an interesting decision, just released, Mr. Justice De Lotbinière Panet dismissed a third party claim brought by a defendant against an engineering firm which had provided a report to the plaintiff. Vie Holdings Inc. v. Imperial Oil Limited was … Continue reading
Posted in Commercial Litigation, Evidence, Privilege, Trial Procedure
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C.A. Criticizes Trial Judges Incorporation of Excerpts from Factums into Reasons
In a decision released last Friday, the Court of Appeal sent a strong message to the trial bench: be very careful about incorporating into judgments excerpts from the arguments of counsel. The case is 2878852 Canada Inc. v. Jones Heward … Continue reading
Posted in Practice and Procedure, Trial Procedure
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C.A. Refuses Discovery Before Action
In Meuwissen v. Strathroy Middlesex General Hospital, the Court of Appeal ruled that a lower court judge had erred in ordering a hospital and a physician to produce certain documents in connection with a lawsuit that had not yet been … Continue reading
Posted in Discovery, Practice and Procedure
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Discovery Evidence Can’t Be Read In If Rule in Browne v. Dunn Not Complied With
Mr. Justice Bruce Glass of the Superior Court has made a ruling that will interest trial lawyers (and few others). Morrison v. Greig was a personal injury action. At trial, defence counsel elected not to cross-examine the plaintiff while the latter was in … Continue reading
Posted in Discovery, Practice and Procedure, Trial Procedure
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Master MacLeod Provides Guidance Regarding Proper Conduct at Discoveries
In a decision that will be very useful for the practising bar, Master Calum MacLeod has established a list of guidelines on proper practice at examinations for discovery. In Iroquois Falls Power Corp. v. Jacobs Canada Inc., a commercial case, a … Continue reading
Posted in Discovery, Practice and Procedure
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C.A. Reverses Colleague, Holds that Counsel’s Memorandum of Discussion with Expert Not Producible
A three-member panel of the Court of Appeal today reversed a July decision of a single judge of that court. The earlier decision of Gillese J.A. was the subject of a previous posting in our blawg (“C.A. Takes Expansive View … Continue reading
Posted in Discovery, Evidence, Practice and Procedure, Privilege
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No Contribution Claim by Driver in Second Accident Against Driver Who Injured Same Plaintiff in Earlier Accident
Note: a link to the Misko decision now appears in this post from last week. The summer languor is over and the new court decisions are coming thick and fast. We are obliged to Lawrence McRae of Bartlet & Richardes in Windsor, … Continue reading
Posted in Auto (Tort), Damages, Practice and Procedure, Tort News
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FLA Plaintiffs Can’t Accept Offer to Settle Unless Injured Person Also Accepts
As many of our readers will know, Mr. Justice Tom Granger runs a competing litigation update service. He competes rather unfairly though; he circulates recipes, puzzles, jokes and other content, in a shameless effort to induce readers to subscribe to his … Continue reading
Posted in Practice and Procedure
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