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…
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 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…
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…
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…
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…
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…
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…
In an important new decision, Mr. Justice J. Patrick Moore has refused to allow the defendant in a personal injury action to adduce expert testimony from three physicians who examined the plaintiff in connection with a claim for statutory accident…
In a recent decision, Madam Justice Ellen MacDonald refused to permit a defence expert to give opinion evidence at trial. After reviewing a series of email messages that had been exchanged between the expert and certain of the defendants and…