Category Archives: Practice and Procedure

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

Perell J. discusses permissible scope of cross-examination on affidavits

Posted on May 5, 2011 by Stephen Cavanagh

In Ontario v. Rothmans Inc., 2011 ONSC 2504 (CanLII), Mr. Justice Paul Perell has analyzed in depth the proper bounds of cross-examinations on affidavits. He allowed an appeal from a ruling by Master Donald Short, in which the Master had … Continue reading →

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Providing surveillance to defence medical expert constitutes waiver of privilege over it

Posted on May 4, 2011 by Stephen Cavanagh

In Aherne v. Chang, 2011 ONSC 2067 (CanLII), Master Donald E. Short considered the question of whether sending privileged surveillance videos to a defence medical expert in a personal injury action results in the loss of privilege on the surveillance. … Continue reading →

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On Motions for Summary Judgment, File Only Those Portions of the Opposing Party’s Discovery Transcript on Which You Mean to Rely

Posted on October 24, 2010 by Stephen Cavanagh

In Lawless v. Anderson, 2010 ONSC 2723 (CanLII), Mr. Justice David M. Brown dealt with a small but potentially significant practice point: the appropriate use to be made of an opposing party’s examination for discovery transcript on a motion for … Continue reading →

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Pro Bono Lawyer Brings U.S. Foreclosure Wave to Grinding Halt

Posted on October 15, 2010 by Stephen Cavanagh

We saw a fascinating story in today’s New York Times, about Thomas A. Cox, a retired lawyer whose zealous representation of a pro bono client exposed serious and widespread improprieties in the avalanche of mortgage foreclosures now going on in … Continue reading →

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As A Matter of Interest…

Posted on May 6, 2010 by Stephen Cavanagh

In Agribrands Purina v. Kasamekas, 2010 ONSC 2597 (CanLII), Mr. Justice Michael G. Quigley wrote fairly extensive reasons on the issue of how prejudgment interest should be calculated on a cause of action that arose in 1992 and in which … Continue reading →

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C.A. Splits 3-2 Against Routinely Allowing Recording of Defence Medical Exams

Posted on April 29, 2010 by Stephen Cavanagh

In Adams v. Cook, a five-member panel of the Court of Appeal declined to change the ground rules laid down in 1992, in Bellamy v. Johnson (1992), 8 O.R. (3d) 591(C.A.), as to when an audio recording of a defence medical examination … Continue reading →

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Court Interprets New 7-Hour Limit on Examination for Discovery

Posted on April 28, 2010 by Stephen Cavanagh

In J. & P. Leveque Bros. v. Ontario, Madam Justice Templeton considered the new R. 31.05.1, which provides that “[n]o party shall, in conducting oral examinations for discovery, exceed a total of seven hours of examination, regardless of the number of … Continue reading →

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Master Dash Discusses Counsel “Helping” Witness Being Examined for Discovery

Posted on April 27, 2010 by Stephen Cavanagh

In Madonis v. Dezotti, Master Ronald Dash discussed a practice problem that frequently occurs at examinations for discovery: counsel attempting to assist the witness by stating what he or she thinks the evidence should be. His reasons provide helpful guidelines … Continue reading →

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Justice Matlow Says Changes to Rule 20 Now Permit Motions for Summary Judgment to Be Brought Before Judges

Posted on March 15, 2010 by Stephen Cavanagh

Last year, Mr. Justice Ted Matlow held, in Bensusan v. Ali, that motions for summary judgment had to be brought before a master. His Honour has now released a new decision in which he has concluded, correctly, in our view, … Continue reading →

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Judge Says Motion to Compel Answers to Undertakings Requires Leave After Case Set Down for Trial

Posted on February 11, 2010 by Stephen Cavanagh

Mr. Justice Paul Perell has released a decision that discusses the effect to be given to Rule 48.04 of the Rules of Civil Procedure and its prohibition against initiating or continuing any motion or form of discovery without leave of … Continue reading →

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