Category Archives: Practice and Procedure

Pleadings, discovery and other issues involving the Rules of Civil Procedure.

Compound interest: must entitlement be proved or disproved?

In a 2011 post, I commented on a decision of Justice Newbould, Enbridge Gas. v. Michael Marinaccio et al, 2011 ONSC 4962 (CanLII), in which the court suggested that where a plaintiff is a commercial business, compound interest ought to be the … Continue reading

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Justice Quinn Clarifies Privilege Issues in Insurance Cases

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: … Continue reading

Posted in Discovery, Practice and Procedure, Privilege | 7 Comments

Cases Take Different Approaches to Exclusion of Plaintiffs from Each Other’s Examination for Discovery

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 … Continue reading

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Witness Statements Must Be Produced?

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 … Continue reading

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Costs Decision Might Dictate New Approach to Rule 49 Offers

In what could turn out to be a very significant decision, Madam Justice Giovanna Toscano Roccamo has awarded the costs of a nine-week trial to the plaintiffs in a personal injury action, even though the jury’s award was less than … Continue reading

Posted in Costs, Practice and Procedure | 4 Comments

A New Approach To Bifurcation?

Mr. Justice Robert Smith of the Superior Court released a decision last week that might signal a new approach to the bifurcation of trials. In Wang v. Byford-Harvey et al., His Honour ordered the bifurcation of a personal injury trial, … Continue reading

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Clarification of Jurisdiction of Masters On Motions for Summary Judgment in Wake of C.A.’s Decision in Combined Air

I”ve just come from a motion before Master Calum MacLeod, where he provided to me and to opposing counsel a copy of his reasons in 90 George St. v. Reliance Construction, 2012 ONSC 1171 (CanLII). Upon returning to my office however, … Continue reading

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Justice Brown Lambastes Provincial Government’s “Poor Excuse of A System” for Document Management

I don’t often burst out laughing when reading reasons for judgment (tears are more likely), but today’s offering from Justice David M. Brown was an exception. In Romspen Investment Corporation v. 6176666 Canada Ltée, His Honour was riding one of his … Continue reading

Posted in Litigation Technology, Practice and Procedure | 1 Comment

Master MacLeod Discusses Appropriate Procedure In Undertakings Motions

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 … Continue reading

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Plaintiff Given Leave to Examine Defendant Under Rule 39.03 On Rule 25.11 Motion to Strike Statement of Claim

Khan v. Lee is an interesting decision of Master Joan Haberman. In this medical malpractice action, the defendant doctor had moved, under Rules 21.01 and 25.11, to strike the statement of claim. He filed no evidence on the motion. Counsel … Continue reading

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