Category Archives: Practice and Procedure

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

SABS Insurer Examination Doesn’t Preclude IME

Posted on September 10, 2004 by Stephen Cavanagh

Ottawa Case Management Master Robert Beaudoin recently clarified the law relating to the effect that an insurer examination under the SABS has on the right to an IME under s. 105 of the Courts of Justice Act .In La Forest … Continue reading →

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Privileged Engineer’s Report Producible in Subsequent Litigation

Posted on July 26, 2004 by Stephen Cavanagh

A recent decision of the Ontario Superior Court raises an issue that is of increasing concern to insurers: the loss of litigation privilege. In Podeszwa et al and D. Preete et al and the Corporation of the City of London, … Continue reading →

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Auto Deductible to be Taken Into Account for Rule 49 Offers

Posted on May 25, 2004 by Stephen Cavanagh

In its May 11, 2004 decision in Wicken v. Harssar, the Divisional Court has clarified s. 267.5(9) of the Insurance Act. That section of the Act deals with the effect of the deductibles on costs. It provides that “In an … Continue reading →

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Surveillance Video Does Not Contravene PIPEDA

Posted on May 7, 2004 by Stephen Cavanagh

An Ontario Superior Court judge has rejected an argument, made by a plaintiff in a medical malpractice action, that surveillance video should not be received in evidence at trial because it contravened the Personal Information Protection and Electronic Documents Act … Continue reading →

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Defence Contact with Plaintiff’s Treating Physician

Posted on December 3, 2003 by Stephen Cavanagh

It has come to our attention that some recipients of our newsletter have been receiving, in the last several messages, the text of an earlier update. We apologize for this. Below is the text that should have accompanied today’s update. … Continue reading →

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