Category Archives: Practice and Procedure

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

Judge Declines to Decide Discoverability Issue on Summary Judgment Motion, Despite Expanded Powers

Posted on February 4, 2010 by Stephen Cavanagh

Zurba v. Lakeridge Health Corporation is the first decision we have seen of a summary judgment motion decided under the amendments to Rule 20. Unfortunately, it suggests that “the new boss” bears a strong resemblance to “the old boss”. If … Continue reading →

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No “Semblance of Relevance” to Information about Insurer’s Claims Reserve

Posted on January 15, 2010 by Stephen Cavanagh

Lin v. Belair Insurance Company Inc. was an action for accident benefits consequent upon a serious motor vehicle accident. The plaintiff sought to compel production of some internal emails of the insurer, dealing with the setting of reserves for the claim. … Continue reading →

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New Rules Apply to Summary Judgment Motion Served in 2009 but Heard in 2010

Posted on January 15, 2010 by Stephen Cavanagh

This law will probably have a short shelf life, but it is topical right now. In Onex Corporation v. American Home Assurance, Justice Edward Belobaba has held that a motion for summary judgment that was served in 2009 but to … Continue reading →

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Costs of $1,600 for Simplified Rules Trial

Posted on November 22, 2009 by Stephen Cavanagh

At the trial of Pitney Bowes of Canada v. Noia, 2009 CanLII 63372 (ON S.C.), Mr. Justice Douglas K. Gray awarded to the plaintiff damages of $13,400.57 which was slightly more than half of the amount that had been claimed. … Continue reading →

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Motions for Summary Judgment Must Be Made to Master

Posted on November 22, 2009 by Stephen Cavanagh

In Bensusan v. Ali, Mr. Justice Ted Matlow has ruled that motions for summary judgment must be made to a master, rather than to a judge, in jurisdictions where there are masters. His Honour arrived at this conclusion by relying … Continue reading →

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Court Orders Production of Facebook Information in Accident Benefits Action

Posted on September 27, 2009 by Stephen Cavanagh

Wice v. Dominion of Canada General Insurance Company is another in a recently-emerging line of cases that have considered the extent to which a party has an obligation to produce information on his or her Facebook profile. This case involved … Continue reading →

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Summary of Privileged Statement Must Be Given Even Though Witness Examined for Discovery

Posted on August 21, 2009 by Stephen Cavanagh

Tiller v. St. Andrew’s College dealt with a somewhat obscure practice point, but one that arises regularly in tort litigation: where a witness being examined for discovery has previously given a statement about the incident, is the examining party entitled … Continue reading →

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Court Analyzes Lawyer-Client Privilege in Electronic Era

Posted on August 18, 2009 by Stephen Cavanagh

We are grateful to Master Robert Beaudoin for passing along an interesting decision by Madam Justice Ramona A. Wildman, dealing with lawyer-client privilege. The case is Eizenshtein v. Eizenshtein. It flew under our radar because of being a family law … Continue reading →

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Decision Elucidates Requirements for Production of Expert’s “Foundational Material”

Posted on August 18, 2009 by Stephen Cavanagh

Bookman v. Loeb was a family law case but the reasons of Madam Justice Ruth E. Mesbur shed light on a somewhat unsettled area of civil litigation: to what extent must a litigant produce “foundational material” for an expert opinion? … Continue reading →

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C.A. Says No Contribution Claims When Plaintiff Limits Claim to Defendant’s Several Share of Liability

Posted on July 9, 2009 by Stephen Cavanagh

In Taylor v. Canada (Health), the Court of Appeal has dealt with an important issue in the law of apportionment of fault.  The court held that a defendant cannot assert a subsidiary claim (a third party claim in this case) … Continue reading →

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