In Adams v. Cook, a five-member panel of the Court of Appeal declined to change the ground rules laid down in 1992, in Bellamy v. Johnson (1992), 8 O.R. (3d) 591(C.A.), as to when an audio recording of a defence medical examination…
In J. & P. Leveque Bros. v. Ontario, Madam Justice Templeton considered the new R. 31.05.1, which provides that “[n]o party shall, in conducting oral examinations for discovery, exceed a total of seven hours of examination, regardless of the number of…
In Madonis v. Dezotti, Master Ronald Dash discussed a practice problem that frequently occurs at examinations for discovery: counsel attempting to assist the witness by stating what he or she thinks the evidence should be. His reasons provide helpful guidelines…
Mr. Justice Paul Perell has released a decision that discusses the effect to be given to Rule 48.04 of the Rules of Civil Procedure and its prohibition against initiating or continuing any motion or form of discovery without leave of…
Lin v. Belair Insurance Company Inc. was an action for accident benefits consequent upon a serious motor vehicle accident. The plaintiff sought to compel production of some internal emails of the insurer, dealing with the setting of reserves for the claim….
Wice v. Dominion of Canada General Insurance Company is another in a recently-emerging line of cases that have considered the extent to which a party has an obligation to produce information on his or her Facebook profile. This case involved…
Tiller v. St. Andrew’s College dealt with a somewhat obscure practice point, but one that arises regularly in tort litigation: where a witness being examined for discovery has previously given a statement about the incident, is the examining party entitled…
We are grateful to Master Robert Beaudoin for passing along an interesting decision by Madam Justice Ramona A. Wildman, dealing with lawyer-client privilege. The case is Eizenshtein v. Eizenshtein. It flew under our radar because of being a family law…
Bookman v. Loeb was a family law case but the reasons of Madam Justice Ruth E. Mesbur shed light on a somewhat unsettled area of civil litigation: to what extent must a litigant produce “foundational material” for an expert opinion?…
Master Robert Beaudoin has released an interesting ruling, dealing with a new (to us, anyway) wrinkle on independent medical examinations in personal injury actions. The case was Safi v. Steele. Shortly before the scheduled trial date, counsel for the defence…