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Category Archives: Evidence
C.A. Says Trial Judge Entitled to Prefer One Medical Opinion Over Others
We’ve gotten a bit behind over the holiday season, but over the next few days, we’ll get caught up on some interesting new decisions that have been handed down this month. We’re also in the process of re-designing our Updates; … Continue reading
Posted in Evidence
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Plaintiff’s Lack of Credibility Taints Evidence of Medical Experts
In a decision released this afternoon, Mr Justice Geoffrey Morawetz dismissed a personal injury action alleged to have arisen from a motor vehicle accident. He found that the plaintiff had not established that her injuries met the threshold. His rather … Continue reading
Posted in Auto, Evidence, Insurance News, Threshold
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Investigator’s Contact with Plaintiff Fatally Taints Evidence
In Cowles v. Balac, released November 4, 2004, Justice MacFarland of the Ontario Court deals with a problem that we have encountered from time to time: an investigator making direct contact with a plaintiff who is represented by counsel. The … Continue reading
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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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Surveillance Video Does Not Contravene PIPEDA
An Ontario Superior Court judge has rejected an argument, made by a plaintiff in a medical malpractice action, that surveillance video should not be received in evidence at trial because it contravened the Personal Information Protection and Electronic Documents Act … Continue reading
Posted in Evidence, Practice and Procedure, Privacy
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