Monthly Archives: April 2009

Div. Ct. Allows Addition of Defendant After Expiry of Limitation Period, Based on Discoverability

In Toneguzzo v. Corner, the Divisional Court dismissed an appeal from a decision of Justice Lynda Templeton, allowing the addition of a defendant after the expiry of the limitation period. While Justice Templeton rested her decision on “special circumstances”, the … Continue reading

Posted in Discoverability, Limitation Periods | Leave a comment

Plaintiff in Prior Litigation Allowed to Give Evidence About IME Psychiatrist in Another Lawsuit

Master Robert Beaudoin has released an interesting ruling, dealing with a new (to us, anyway) wrinkle on independent medical examinations in personal injury actions. The case was Safi v. Steele. Shortly before the scheduled trial date, counsel for the defence … Continue reading

Posted in Discovery, Practice and Procedure | Leave a comment

Judge Says Bill 198 Threshold Aimed at Tightening Up the Insurance Act Threshold “By Reducing the Number of Litigants Able to Sue”

About a year ago,  Justice Johanne Morissette’s decision in Nissan v. McNamee  was released. Her Honour concluded that the Bill 198 version of the Insurance Act threshold in MVA cases had not effected much of a change from the previous regime. … Continue reading

Posted in Auto, Insurance News, Threshold | 1 Comment

Defendant in One MVA Action Entitled to Proceed with Third Party Claim Against Driver in Earlier Accident

Another shot has been fired in the ongoing judicial debate about how to deal with situations in which personal injury plaintiffs have been injured in separate accidents. We have looked at this issue in previous posts regarding Willoughby v. Weber, … Continue reading

Posted in Practice and Procedure, Tort News | 1 Comment