Category Archives: Trial Procedure

“At least one percent liable”?

Recently, I read Saldana v Caruana et al., 2015 ONSC 4426 (CanLII), a decision of Justice Mario D. Faieta. On a motion for summary judgment, His Honour ruled that a defendant was “at least 1% liable” for a motor vehicle accident. Does … Continue reading

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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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Plaintiff’s Family Doctor Permitted To Testify As Standard of Care Expert In Medical Malpractice Case

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 … Continue reading

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Treating Physicians: Fact or Expert Witnesses?

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 … Continue reading

Posted in Evidence, Trial Procedure | 1 Comment

Tort Insurer Can’t Call AB Doctors as Experts

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 … Continue reading

Posted in Auto, Evidence, Insurance News, Trial Procedure | 1 Comment

C.A. Says $125,000 is Maximum Award for “Loss of Care, Guidance and Companionship”

In Fiddler v. Chiavetti, the Court of Appeal has held that the current maximum award for the loss of care, guidance and companionship under s. 61 of the Family Law Act, is $125,000. That amount represents the $100,000 award approved … Continue reading

Posted in Damages, FLA, Juries, Trial Procedure | Leave a comment

Judge Critical of Both Counsels’ Jury Addresses

The ruling of Mr. Justice Peter Lauwers in Trypis v. Lavigne is helpful for trial lawyers because it deals with aspects of counsels’ jury addresses that Justice Lauwers held to be improper. This was a slip and fall case. At … Continue reading

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Judge Disqualifies Expert for Lack of Impartiality

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 … Continue reading

Posted in Evidence, Practice and Procedure, Trial Procedure | 1 Comment

C.A. Says Money Paid Pursuant to Mary Carter Agreement Must Be Deducted from Jury’s Award at Trial (Reducing Plaintiff’s Recovery to Zero)

Today’s decision of the Court of Appeal in Laudon v. Roberts was bad news for two of the three parties (the plaintiff and one defendant) but very good news for the other defendant. The action arose out of a boating … Continue reading

Posted in Juries, Practice and Procedure, Trial Procedure | 2 Comments

C.A.: “Don’t Let Sleeping Judges Lie”

In Leader Media Productions v. Sentinel Hill Alliance Atlantis Equicap Limited Partnership, the Court of Appeal confronted an issue that a number of lawyers of our acquaintance (including some in our office) have encountered: what to do when the trial … Continue reading

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