-
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: Evidence
Lawyers’ affidavits: beware!
Another decision of Justice Frederick L. Myers. I can’t help it, he’s very quotable. In Ferreira v. Cardenas, 2014 ONSC 7119 (CanLII), he was dealing with a motion for summary judgment on the liability issue in an action arising out of … Continue reading
Posted in Evidence, Practice and Procedure
Comments Off on Lawyers’ affidavits: beware!
Divisional Court Clarifies Expert Witness Rule
January 15, 2014. I understand that leave to appeal this decision has been granted. In Westerhof v. Gee (Estate), 2013 ONSC 2093 (CanLII), the Divisional Court (Matlow, Aston & Lederer JJ.) has addressed an area of the law that has … Continue reading
Posted in Experts and Opinions
Comments Off on Divisional Court Clarifies Expert Witness Rule
Cases Take Different Approaches to Exclusion of Plaintiffs from Each Other’s Examination for Discovery
In a recent ruling, Mr. Justice Robert Smith was asked to order that three plaintiffs in a personal injury action be examined for discovery in the absence of each other. The case is Heasley v. Labelle, 2013 ONSC 2601 (CanLII). One … Continue reading
Posted in Discovery, Evidence, Practice and Procedure
Comments Off on Cases Take Different Approaches to Exclusion of Plaintiffs from Each Other’s Examination for Discovery
Rule 53.03 Applies Only To “Litigation Experts”
In Continental v. J.J.’s Hospitality, 2012 ONSC 1751 (CanLII), Mr. Justice Edward J. Koke has provided the latest judicial interpretation of Rule 53.03, which deals with the evidence of expert witnesses. He held that that rule only applies to “litigation experts”, … Continue reading
Posted in Experts and Opinions
Comments Off on Rule 53.03 Applies Only To “Litigation Experts”
Brown J. Discusses Waiver of Privilege
In Ebrahim v. Continental Precious Minerals, 2012 ONSC 1123 (CanLII), Mr. Justice David M. Brown undertook a fairly comprehensive analysis of the circumstances in which both lawyer-client privilege and litigation privilege will be found to have been waived. The discussion arose … Continue reading
Posted in Evidence, Experts and Opinions, Privilege
Comments Off on Brown J. Discusses Waiver of Privilege
Opinion Evidence: Is There An “Ordinary Work” Exception That Makes It Admissible Although R. 53.03 Requirements Not Met?
UPDATE: These three decisions are now available on CanLII, here, here and here. Two days ago, Bruce Mitchell of Windsor sent along some interesting decisions of Madam Justice Darla Wilson, all rendered last month in a case that is now … Continue reading
Posted in Evidence, Experts and Opinions
Comments Off on Opinion Evidence: Is There An “Ordinary Work” Exception That Makes It Admissible Although R. 53.03 Requirements Not Met?
Plaintiff’s Family Doctor Permitted To Testify As Standard of Care Expert In Medical Malpractice Case
The debate continues as to whether family physicians may testify as experts or only as fact witnesses. In this case, the issue arose with a bit of a twist: the court opened the door for the plaintiff’s family doctor to … Continue reading
Posted in Evidence, Experts and Opinions, Professional Liability, Trial Procedure
Comments Off on Plaintiff’s Family Doctor Permitted To Testify As Standard of Care Expert In Medical Malpractice Case
Treating Physicians: Fact or Expert Witnesses?
Leonard v. Kline, 2011 ONSC 2730 (CanLII) is a personal injury action arising out of a motor vehicle accident. The plaintiff sought leave from Mr. Justice Gregory Ellies to call ten experts. (Section 12 of the Evidence Act requires that … Continue reading
Posted in Evidence, Trial Procedure
Comments Off on Treating Physicians: Fact or Expert Witnesses?
Rules 4.01 and 53.03 Held Not To Apply To Experts Retained by Non-parties
Madam Justice Helen MacLeod-Beliveau has released a decision that might have very significant implications for civil litigation. Although the action involved a personal injury claim, its implications extend to expert witnesses in any civil lawsuit. In McNeill v. Filthaut, 2011 ONSC … Continue reading
Posted in Evidence, Experts and Opinions
Comments Off on Rules 4.01 and 53.03 Held Not To Apply To Experts Retained by Non-parties
Div. Ct. Takes Liberal Approach to Affidavits on Information and Belief
In Carevest Capital Inc. v. North Tech Electronics Ltd. et al., 2010 ONSC 1290 the Divisional Court allowed an appeal from a ruling by Mr. Justice Ted Matlow, in which he had refused to admit two affidavits on a motion … Continue reading
Posted in Evidence
Comments Off on Div. Ct. Takes Liberal Approach to Affidavits on Information and Belief