Category Archives: Discovery

Various forms of discovery (examination under oath, documentary discovery, independent medical examinations, etc.)

Privilege Waived on Expert’s Report After It Was Reviewed by Second Expert

Posted on June 26, 2007 by Stephen Cavanagh

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 →

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Master Lifts Deemed Undertaking Rule Where Plaintiff Utters Threats in Course of IME

Posted on April 24, 2007 by Stephen Cavanagh

In Guindon v. VIA Rail, an interesting (but unusual) case, Master Robert Beaudoin ordered that ViIA Rail was not bound by the deemed undertaking rule (Rule 30.1) where the plaintiff had uttered threats in the course of an independent medical … Continue reading →

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Master Orders Insurer to Produce Its Schedule B Documents

Posted on April 4, 2007 by Stephen Cavanagh

  Back in January, we posted a commentary about the Divisional Court’s decision in Smith v. London Life. The case dealt with production of an insurer’s file in a first party claim that was based on allegations of bad faith on … Continue reading →

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Judge Finds No Solicitor-Client Privilege Where Communication in Furtherance of a Tort

Posted on March 27, 2007 by Stephen Cavanagh

It is well-established that solicitor-client privilege will be lost where the communication between lawyer and client is in furtherance of a crime.  In Dublin v. Montessori Jewish Day School of Toronto, Mr. Justice Paul Perell ruled that the same result follows … Continue reading →

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Divisional Court Overturns Order Requiring Production of Insurer’s In-house Lawyer’s File

Posted on January 28, 2007 by Stephen Cavanagh

In Smith v. London Life Insurance Company, the Divisional Court reversed an order made by Superior Court Justice Gordon Thomson, who had directed the defendant London Life to produce “its entire claims file arising from a prior action between the parties, including … Continue reading →

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Third Party Action Against Plaintiff’s Expert Dismissed on Basis of No Duty of Care and “Witness Immunity”

Posted on January 16, 2007 by Stephen Cavanagh

In an interesting decision, just released, Mr. Justice De Lotbinière Panet dismissed a third party claim brought by a defendant against an engineering firm which had provided a report to the plaintiff. Vie Holdings Inc. v. Imperial Oil Limited was … Continue reading →

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C.A. Refuses Discovery Before Action

Posted on January 2, 2007 by Stephen Cavanagh

In Meuwissen v. Strathroy Middlesex General Hospital, the Court of Appeal ruled that a lower court judge had erred in ordering a hospital and a physician to produce certain documents in connection with a lawsuit that had not yet been … Continue reading →

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Discovery Evidence Can’t Be Read In If Rule in Browne v. Dunn Not Complied With

Posted on November 10, 2006 by Stephen Cavanagh

Mr. Justice Bruce Glass of the Superior Court has made a ruling that will interest trial lawyers (and few others). Morrison v. Greig was a personal injury action. At trial, defence counsel elected not to cross-examine the plaintiff while the latter was in … Continue reading →

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Master MacLeod Provides Guidance Regarding Proper Conduct at Discoveries

Posted on October 27, 2006 by Stephen Cavanagh

In a decision that will be very useful for the practising bar, Master Calum MacLeod has established a list of guidelines on proper practice at examinations for discovery. In Iroquois Falls Power Corp. v. Jacobs Canada Inc., a commercial case, a … Continue reading →

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C.A. Reverses Colleague, Holds that Counsel’s Memorandum of Discussion with Expert Not Producible

Posted on September 20, 2006 by Stephen Cavanagh

A three-member panel of the Court of Appeal today reversed a July decision of a single judge of that court. The earlier decision of Gillese J.A. was the subject of a previous posting in our blawg (“C.A. Takes Expansive View … Continue reading →

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