Category Archives: Trial Procedure

C.A. Criticizes Trial Judges Incorporation of Excerpts from Factums into Reasons

Posted on January 14, 2007 by Stephen Cavanagh

In a decision released last Friday, the Court of Appeal sent a strong message to the trial bench: be very careful about incorporating into judgments excerpts from the arguments of counsel. The case is 2878852 Canada Inc. v. Jones Heward … Continue reading →

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Discovery Evidence Can’t Be Read In If Rule in Browne v. Dunn Not Complied With

Posted on November 10, 2006 by Stephen Cavanagh

Mr. Justice Bruce Glass of the Superior Court has made a ruling that will interest trial lawyers (and few others). Morrison v. Greig was a personal injury action. At trial, defence counsel elected not to cross-examine the plaintiff while the latter was in … Continue reading →

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Judge Finds that Threshold Motion Must Succeed Where Jury Assesses Damages at Zero

Posted on October 26, 2006 by Stephen Cavanagh

Bisier v. Thorimbert was an action for personal injuries arising out of a motor vehicle accident. At the trial, Mr. Justice J.R. Henderson of the Ontario Superior Court granted the defendant’s motion for dismissal of the plaintiffs’ claim, on the basis that … Continue reading →

Posted in Auto, Auto (Tort), Insurance News, Juries, Threshold, Trial Procedure | Comments Off on Judge Finds that Threshold Motion Must Succeed Where Jury Assesses Damages at Zero

Defence Counsel’s Opening Address Leads to Discharge of Jury

Posted on October 26, 2006 by Stephen Cavanagh

In Morrison et al. v. Greig et al., Mr. Justice Bruce Glass of the Ontario Superior Court discharged the jury following the opening address of counsel for the defendant. In this trial of two personal injury actions, arising out a … Continue reading →

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