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Category Archives: Discovery
C.A. Takes Expansive View of Expert’s Producible “Findings, Opinions and Conclusions”
UPDATE: This decision was reversed by a 3-member panel of the Court of Appeal on September 20, 2006. See our post. Justice Gillese of the Ontario Court of Appeal yesterday released a ruling that will be of importance to all civil … Continue reading
Posted in Discovery, Practice and Procedure, Privilege
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Litigants Can’t Avoid Manual Search of Documents for Production
Air Canada et al. v. Westjet Airlines Ltd. et al. is evidently “the largest case of corporate espionage ever seen in Canada”. It will undoubtedly spawn many rulings as it proceeds through the courts and today’s is an interesting one. … Continue reading
Posted in Discovery, Practice and Procedure, Privilege
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Litigation Privilege Can Arise Before Demand Made or Lawsuit Commenced
Here’s a case that we missed when it was first released last September. It has just been reported in the Ontario Reports, so the lawyers, judges and masters who subscribe to our Updates will already have seen it. But for the … Continue reading
Posted in Insurance News, Occupier's Liability, Practice and Procedure, Privilege
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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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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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SABS Insurer Examination Doesn’t Preclude IME
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
Posted in Auto, Discovery, Insurance News
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Privileged Engineer’s Report Producible in Subsequent Litigation
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
Posted in Discovery, Evidence, Practice and Procedure, Privilege
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