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Category Archives: Juries
Dangerous Driving Conviction Precludes Driver from Contesting Liability in Civil Action
The decision of Mr. Justice David M. Brown in Caci v. MacArthur raises some interesting questions relating to apportionment of fault. It also applied to this MVA action a line of decisions in sexual abuse cases, where defendants had not been … Continue reading
Posted in Evidence, Juries, Practice and Procedure, Trial Procedure
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Montebello Post-Mortem
Another successful Civil Litigation Update concluded at Chateau Montebello yesterday. The conference, now in its 26th year, was acclaimed by numerous visiting Superior Court and Court of Appeal judges as Ontario’s premiere continuing legal education program. We are proud … Continue reading
Posted in Auto, Costs, Insurance News, Juries, Threshold
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Judge Finds that Threshold Motion Must Succeed Where Jury Assesses Damages at Zero
Bisier v. Thorimbert was an action for personal injuries arising out of a motor vehicle accident. At the trial, Mr. Justice J.R. Henderson of the Ontario Superior Court granted the defendant’s motion for dismissal of the plaintiffs’ claim, on the basis that … Continue reading
Posted in Auto, Auto (Tort), Insurance News, Juries, Threshold, Trial Procedure
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Defence Counsel’s Opening Address Leads to Discharge of Jury
In Morrison et al. v. Greig et al., Mr. Justice Bruce Glass of the Ontario Superior Court discharged the jury following the opening address of counsel for the defendant. In this trial of two personal injury actions, arising out a … Continue reading
Posted in Juries, Trial Procedure
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