Category Archives: Discovery

Various forms of discovery (examination under oath, documentary discovery, independent medical examinations, etc.)

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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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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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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No “Semblance of Relevance” to Information about Insurer’s Claims Reserve

Posted on January 15, 2010 by Stephen Cavanagh

Lin v. Belair Insurance Company Inc. was an action for accident benefits consequent upon a serious motor vehicle accident. The plaintiff sought to compel production of some internal emails of the insurer, dealing with the setting of reserves for the claim. … Continue reading →

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Court Orders Production of Facebook Information in Accident Benefits Action

Posted on September 27, 2009 by Stephen Cavanagh

Wice v. Dominion of Canada General Insurance Company is another in a recently-emerging line of cases that have considered the extent to which a party has an obligation to produce information on his or her Facebook profile. This case involved … Continue reading →

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Summary of Privileged Statement Must Be Given Even Though Witness Examined for Discovery

Posted on August 21, 2009 by Stephen Cavanagh

Tiller v. St. Andrew’s College dealt with a somewhat obscure practice point, but one that arises regularly in tort litigation: where a witness being examined for discovery has previously given a statement about the incident, is the examining party entitled … Continue reading →

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Court Analyzes Lawyer-Client Privilege in Electronic Era

Posted on August 18, 2009 by Stephen Cavanagh

We are grateful to Master Robert Beaudoin for passing along an interesting decision by Madam Justice Ramona A. Wildman, dealing with lawyer-client privilege. The case is Eizenshtein v. Eizenshtein. It flew under our radar because of being a family law … Continue reading →

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Decision Elucidates Requirements for Production of Expert’s “Foundational Material”

Posted on August 18, 2009 by Stephen Cavanagh

Bookman v. Loeb was a family law case but the reasons of Madam Justice Ruth E. Mesbur shed light on a somewhat unsettled area of civil litigation: to what extent must a litigant produce “foundational material” for an expert opinion? … Continue reading →

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