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Category Archives: Practice and Procedure
Plaintiff Permitted to Increase Claim to $4 M Over Policy Limits
In Bach v. McKellar, released this afternoon, Master Robert Beaudoin dealt with a situation that arises frequently in insurance litigation. The claim arose out of a motor vehicle accident. The original pleading, issued within the two-year limitation period, claimed damages … Continue reading
Posted in Insurance News, Practice and Procedure
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C.A. Says Motions Judges Shouldn’t Decide Difficult Questions of Law
In a decision released this afternoon, the Court of Appeal has taken a rather narrow view of the powers of lower court judges to decide legal issues prior to trial. It is well-recognized, that motions judges may not decide factual issues, … Continue reading
Posted in Practice and Procedure
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Two new decisions deal with “Privilege”
Two Superior Court decisions released this afternoon contain some interesting observations with respect to the law of privilege. (Admittedly, some of our subscribers might quarrel with the juxtaposition of the adjective, “interesting”, with the phrase, “law of privilege”.) Before we … Continue reading
Posted in Practice and Procedure
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Service of Expert’s Report Waives Litigation Privilege on File Material
A Superior Court judge today dealt with a question that arises frequently in civil litigation: to what extent must “the findings, opinions and conclusions of an expert” be disclosed to an opposing party prior to trial? In Lecocq Logging Inc. … Continue reading
Posted in Discovery, Practice and Procedure, Privilege
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S.C.C. Looks Again at Standard of Review
The Supreme Court of Canada has today released an interesting decision in which it has reaffirmed the standard of review to be applied by appellate courts in Canada : “palpable and overriding error”. In H.L. v. Canada (Attorney General), the … Continue reading
Posted in Damages, Practice and Procedure
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Summary Judgment in Head-on Collision Case
In Hussain v. Uddin, Mr. Justice Gerald F. Day has taken the somewhat unusual step of granting a defence motion for summary judgment in an action arising out of a motor vehicle accident. The moving defendants, Mr. and Mrs. Noack, … Continue reading
Posted in Auto (Tort), Practice and Procedure, Tort News
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Divisional Court Says No to Bifurcation of MVA Jury Trial
It is not uncommon these days to see parties, usually defendants, ask for a “bifurcated trial”. In most cases, this means that liability would be tried first and then damages would be assessed at a later date, in a second … Continue reading
Posted in Auto (Tort), Practice and Procedure
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Calculating Interest
Many people who deal with personal injury damages claims (including lawyers and judges) don’t know (or don’t know that they don’t know) how to calculate prejudgment interest. This edition of the CW Update will summarize the applicable rules. The Courts … Continue reading
Posted in Practice and Procedure
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No Right to IME in Absence of Adequate Supporting Evidence
A just-released Superior Court decision reminds us that defendants are not automatically entitled to have a personal injury plaintiff examined by multiple medical practitioners, from various disciplines. They must establish, through evidence, why such examinations are needed.
Posted in Auto (Tort), Discovery, Practice and Procedure, Tort News
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Underwriting File Ordered Produced
Royal & SunAlliance v. Lombard and Allianz is a Divisional Court decision from last month that slipped by us. It’s of some interest, so better late than never… RSA is suing Allianz for reimbursement for the amount paid to settle … Continue reading
Posted in Discovery, Practice and Procedure
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