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…
Master Ronald Dash has ordered that a secret agreement, entered into by defendants and a third-party in Moore v. Bertuzzi, 2012 ONSC 597 (CanLII), must be disclosed to the plaintiffs. In his reasons, the master undertook a comprehensive review of…
In Miltenberg v. Metro Inc., 2012 ONSC 1063 (CanLII), Mr. Justice Andrew J Goodman granted the defendant’s motion for summary judgment and dismissed an action based on breach of obligations under the Occupiers Liability Act. In doing so, he made…
Last week, Mr. Justice James W. Sloan delivered a ruling in four cases that will have an impact on statutory accident benefits litigation. The cases are: Cornie v. Security National, Hurst v. Aviva Insurance Company, Singh v. Aviva Insurance Company and…
In Herbert v. Brantford (City), the Court of Appeal disallowed interest at one and two percent, compounded monthly, that had been awarded in relation to fees charged by the plaintiffs’ expert witnesses in a personal injury case. The Court said…
We recently ran across an interesting decision of Mr. Justice Frank Newbould, dealing with the issue of whether prejudgment interest should be compounded. In Enbridge Gas. v. Michael Marinaccio et al, 2011 ONSC 4962 (CanLII), he held that it should be….
In Aherne v. Chang, 2011 ONSC 3846 (CanLII), Mr. Justice Paul Perell decided an appeal from a decision of Master Short. The Master had ordered that if the defendants in a medical malpractice action were to require that the plaintiffs undergo…
The Court of Appeal has handed down a ruling that is important for auto insurers. The Court has held that an injured plaintiff can still sue his or her own insurer, pursuant to an OPCF-44R underinsured motorist endorsement, even after…
In Demers v. B.R. Davidson Mining & Development Ltd., Mr. Justice Douglas C. Shaw has held that, for the period November 1, 1996 to September 30, 2003, CPP benefits are not deductible from an award of tort damages in a…
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…