-
Recent Posts
Archives
- October 2015
- July 2015
- December 2014
- November 2014
- October 2014
- September 2014
- May 2014
- January 2014
- July 2013
- June 2013
- May 2013
- April 2013
- February 2013
- January 2013
- November 2012
- September 2012
- August 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- September 2011
- May 2011
- February 2011
- October 2010
- June 2010
- May 2010
- April 2010
- March 2010
- February 2010
- January 2010
- November 2009
- September 2009
- August 2009
- July 2009
- May 2009
- April 2009
- March 2009
- February 2009
- January 2009
- November 2008
- October 2008
- August 2008
- July 2008
- June 2008
- May 2008
- April 2008
- March 2008
- January 2008
- December 2007
- November 2007
- October 2007
- September 2007
- August 2007
- July 2007
- June 2007
- May 2007
- April 2007
- March 2007
- February 2007
- January 2007
- December 2006
- November 2006
- October 2006
- September 2006
- August 2006
- July 2006
- June 2006
- May 2006
- April 2006
- March 2006
- February 2006
- January 2006
- December 2005
- November 2005
- October 2005
- September 2005
- July 2005
- June 2005
- May 2005
- April 2005
- March 2005
- January 2005
- December 2004
- November 2004
- October 2004
- September 2004
- July 2004
- June 2004
- May 2004
- April 2004
- March 2004
- December 2003
- November 2003
- May 2003
- April 2003
Categories
- Advertising Injury
- Allocation of Defence Costs
- Appeals
- Auto
- Auto (Tort)
- CGL
- Collateral Benefits
- Commercial Litigation
- Conflict of Laws
- Contract
- Costs
- Damages
- Defamation
- Discoverability
- Discovery
- Duty to Defend
- Environmental
- Evidence
- Exclusions
- Experts and Opinions
- Fire Insurance
- Fires
- FLA
- Insurance News
- Juries
- Lawyers
- Limitation Periods
- Litigation Technology
- Municipalities
- Occupier's Liability
- Pleadings
- Practice and Procedure
- Practice of Law
- Privacy
- Privilege
- Products Liability
- Professional Liability
- Risk Transfer
- Sale of Goods
- Social and Commercial Host Liability
- Subrogation
- Threshold
- Tort News
- Trial Procedure
- Uncategorized
- Uninsured or Underinsured
- Waivers and releases
Meta
Category Archives: Practice and Procedure
Rule 53.03 Doesn’t Apply to Expert Witnesses Not Retained for Purposes of the Litigation
Subrule 53.03(1) of the Rules of Civil Procedure provides that, “[a] party who intends to call an expert witness at trial shall, not less than 90 days before the commencement of the trial, serve on every other party to the … Continue reading
Posted in Evidence, Practice and Procedure, Trial Procedure
Comments Off on Rule 53.03 Doesn’t Apply to Expert Witnesses Not Retained for Purposes of the Litigation
Master’s Decision Reviews Factors Influencing Changing Place of Trial Selected by Plaintiff
In Rushnell v. Corporation of the City of Belleville, the plaintiff had been struck by a bus owned by the City of Belleville. The accident had taken place there. The plaintiff’s solicitors had named Toronto (where their office was located) … Continue reading
Posted in Practice and Procedure
Comments Off on Master’s Decision Reviews Factors Influencing Changing Place of Trial Selected by Plaintiff
C.A. Encourages Auto Insurers to Make Offers Without Applying IA Deductible
Some very good news for the plaintiff’s bar today, from the Court of Appeal: insurers’ offers to settle in MVA cases should contain “cushions” against the statutory deductibles. In Rider et al. v. Dydyk, the Court (Justices Jurianz, MacPherson and … Continue reading
Posted in Auto, Costs, Insurance News, Practice and Procedure
Comments Off on C.A. Encourages Auto Insurers to Make Offers Without Applying IA Deductible
Div. Ct. Says Defence Medical, Surveillance Report from Tort Claim Can’t Be Used in Subsequent AB Litigation
In Kitchenham v. AXA Insurance Canada, the Divisional Court has considered the “deemed undertaking” rule (Rule 30.1.01) in the context of personal injury litigation. The decision of the Court was written by Associate Chief Justice Douglas Cunningham, concurred in by … Continue reading
Posted in Auto, Discovery, Insurance News, Practice and Procedure, Privacy
Comments Off on Div. Ct. Says Defence Medical, Surveillance Report from Tort Claim Can’t Be Used in Subsequent AB Litigation
Master Orders Plaintiff to Produce Identical Copy of Hard Drive From Which Some of Its Productions Had Been Taken
Hummingbird v. Mustafa et al. involved some interesting issues in the evolving law of “e-discovery”. The defendants asked the court to order production of the hard drive of a computer that the defendant Mustafa had used while in the employ … Continue reading
Posted in Discovery, Practice and Procedure
Comments Off on Master Orders Plaintiff to Produce Identical Copy of Hard Drive From Which Some of Its Productions Had Been Taken
Notice of Intention to File Medical Reports, Business Records Must Be Given Even to Defendant Noted in Default
In Vointsev v. Irina International Tours Limited, Justice Julie Alexandra Thorburn had to deal with an interesting practice point. The plaintiff had claimed damages resulting from having fallen while on a tour of Toronto with the defendant, Irina International Tours … Continue reading
Posted in Evidence, Practice and Procedure
Comments Off on Notice of Intention to File Medical Reports, Business Records Must Be Given Even to Defendant Noted in Default
Master Says Communications with Paralegal Are Privileged (in this case, at least)
In what is apparently the first case to consider the issue, Master R. Dash has held that communications passing between a paralegal and his client were privileged from production in a civil action. The case is an interesting one, partly … Continue reading
Posted in Practice and Procedure, Privilege
Comments Off on Master Says Communications with Paralegal Are Privileged (in this case, at least)
Settlement Agreements to be Evaluated Objectively, Not Subjectively: C.A.
In Olivieri v. Sherman et al., the Court of Appeal today allowed an appeal from a decision of Justice Colin Campbell, in which His Honour had refused to enforce a settlement of a defamation suit, involving claims for millions of … Continue reading
Posted in Contract, Practice and Procedure
Comments Off on Settlement Agreements to be Evaluated Objectively, Not Subjectively: C.A.
Corporate Insured Permitted to Claim Damages for Mental Distress on Behalf of Its Officers in Fire Insurance Claim
In 539091 Ontario Ltd. v. Allianz Insurance, Madam Justice Helen Pierce was dealing with various proposed amendments to the statement of claim in a fire insurance case. The motion raised several interesting issues but of particular note was the request of … Continue reading
Posted in Fire Insurance, Insurance News, Practice and Procedure
Comments Off on Corporate Insured Permitted to Claim Damages for Mental Distress on Behalf of Its Officers in Fire Insurance Claim
Privilege Waived on Expert’s Report After It Was Reviewed by Second Expert
UPDATE: We have learned that the plaintiffs have sought leave to appeal Justice Power’s decision. We will report the outcome of that motion, which is to be heard on July 20, 2007. It is our understanding that the main (although not the … Continue reading
Posted in Practice and Procedure, Privilege
Comments Off on Privilege Waived on Expert’s Report After It Was Reviewed by Second Expert