Category Archives: Practice and Procedure

Pleadings, discovery and other issues involving the Rules of Civil Procedure.

C.A. Takes Expansive View of Expert’s Producible “Findings, Opinions and Conclusions”

Posted on July 27, 2006 by Stephen Cavanagh

UPDATE: This decision was reversed by a 3-member panel of the Court of Appeal on September 20, 2006. See our post.  Justice Gillese of the Ontario Court of Appeal yesterday released a ruling that will be of importance to all civil … Continue reading →

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Surveillance Ruled Inadmissible

Posted on June 30, 2006 by Stephen Cavanagh

   Lis v. Lombard Insurance illustrates a common difficulty with surveillance videotape. Under Rule 30.09 of the Rules of Civil Procedure, a “document” (which would include a videotape) on which privilege has been claimed, cannot be used at trial without … Continue reading →

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Divisional Court Sets Out Defence Requirements to Establish Mitigation

Posted on June 20, 2006 by Stephen Cavanagh

In Branco v. Ephstein, a motor vehicle case, the Divisional Court has ordered a new trial, on the ground that the trial judge did not adequately explain to the jury the onus that arises where a defence of mitigation is … Continue reading →

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Global Offer to Severally Liable Defendants Doesn’t Qualify Under Rule 49

Posted on June 14, 2006 by Stephen Cavanagh

The decision of Justice Nancy Spies in Tuffhide Products v. Rhino Systems of Canada Inc. is a cautionary tale on the subject of offers to settle in multi-defendant cases. The plaintiffs had sued two defendants. Prior to trial, the plaintiffs … Continue reading →

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No Reduction of Maximum Non-pecuniary Damages In Face of Large Pecuniary Damages Award

Posted on June 14, 2006 by Stephen Cavanagh

In the well-known case of Sandhu v. Wellington Place Apartments, the jury awarded to the plaintiff non-pecuniary general damages of $311,000. This is the current value of the $100,000 maximum award established by the Supreme Court of Canada in the … Continue reading →

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Court Refuses to Bifurcate MVA Trial

Posted on May 31, 2006 by Stephen Cavanagh

  Although he expressed concern about “the somewhat rigid state of the existing jurisprudence”, Justice Denis Power refused to bifurcate the trial of a motor vehicle accident case. In Aghsani v. Briglio, the plaintiff was a pedestrian who had been … Continue reading →

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One Defendant Not Liable to Pay Defaulting Defendant’s Settlement Contribution

Posted on May 31, 2006 by Stephen Cavanagh

In Budning v. Vinokurov et al., the plaintiff settled with three defendants. Minutes of settlement were entered into, specifying the amounts to be paid by each defendant. Two of the defendants (a law firm and a municipality) paid their contributions to … Continue reading →

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C.A. Rules $3.1 Million AB Settlement Enforceable Despite Claimant’s Death

Posted on May 17, 2006 by Stephen Cavanagh

The Court of Appeal ruled today, in Wu v. Zurich Insurance Company, that a $3.1 million settlement of an accident benefits claim was enforceable by the estate of the injured claimant, who died before the settlement had been approved by … Continue reading →

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Litigants Can’t Avoid Manual Search of Documents for Production

Posted on May 10, 2006 by Stephen Cavanagh

 Air Canada et al. v. Westjet Airlines Ltd. et al. is evidently “the largest case of corporate espionage ever seen in Canada”. It will undoubtedly spawn many rulings as it proceeds through the courts and today’s is an interesting one. … Continue reading →

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Injured Boy Not “Buyer” of Bicycle, So Sale of Goods Act Doesn’t Apply

Posted on April 21, 2006 by Stephen Cavanagh

   In Resch v. Canadian Tire et al., a 15 year old boy was seriously injured in a bicycle accident. He sued the manufacturer and the vendor of the bicycle. In an interesting ruling, the trial judge, Superior Court Justice Nancy Spies, held … Continue reading →

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