Category Archives: Practice and Procedure

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

Master MacLeod ruminates about proper practice in cross-examinations

Master Calum MacLeod released a decision recently that has some useful practice tips about cross-examinations on affidavits. The case is Dumais v Hobbs, 2015 ONSC 5643 (CanLII). Without getting into detail about the facts, there was an action and an application … Continue reading

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Two-tier test for conflicts?

Justice Ian Nordheimer, sitting as a single judge of the Divisional Court, recently granted leave to appeal from a decision of Justice Alfred J. O’Marra. The latter had declared that the boutique law firm Lloyd Burns McInnis LLP (“LBM”) could continue as … Continue reading

Posted in Commercial Litigation, Lawyers, Practice and Procedure, Practice of Law | Leave a comment

Lawyers’ affidavits: beware!

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 … Continue reading

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E-delivery of documents to Superior Court

I happened to see, in Picicci v. 1485528 Ontario Inc., 2014 ONSC 6496 (CanLII), that Justice F.L. Myers ordered that documents be provided to him electronically: All documents to be delivered to me in this matter should be sent to the … Continue reading

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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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