I was happy to read the reasons of Justice Joseph W. Quinn in Panetta v. Retrocom et al., 2013 ONSC 2386 (CanLII) because, to my mind, they bring a great deal of clarity to what I find is an often-misunderstood topic:…
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…
In Portelance v. Williams, 2013 ONSC 1928 (CanLII), Justice Lynne Leitch dismissed a motion for leave to appeal a ruling of Justice Johanne Morissette, dealing with production of documents. Justice Morissette had ordered the defendant “to provide a summary of the…
Kariouk v. Pombo was a motion by the plaintiff to compel plaintiffs to answer undertakings given in the course of examinations for discovery. A commonplace type of motion, to be sure. But it is because such motions occur so frequently…
Fortini v. Simcoe (County), 2012 ONSC 1034 (CanLII) is an interesting case in which Madam Justice Susan E. Healey granted leave to appeal an order of Madam Justice Anne Mullins, requiring that the appellant (defendant) produce a second deponent for…
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 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…
In Ontario v. Rothmans Inc., 2011 ONSC 2504 (CanLII), Mr. Justice Paul Perell has analyzed in depth the proper bounds of cross-examinations on affidavits. He allowed an appeal from a ruling by Master Donald Short, in which the Master had…
In Aherne v. Chang, 2011 ONSC 2067 (CanLII), Master Donald E. Short considered the question of whether sending privileged surveillance videos to a defence medical expert in a personal injury action results in the loss of privilege on the surveillance….
In Lawless v. Anderson, 2010 ONSC 2723 (CanLII), Mr. Justice David M. Brown dealt with a small but potentially significant practice point: the appropriate use to be made of an opposing party’s examination for discovery transcript on a motion for…