Category Archives: Discovery

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

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

Posted on April 16, 2009 by Stephen Cavanagh

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 →

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What Information Must Be Provided at Discovery, Regarding Surveillance?

Posted on March 26, 2009 by Stephen Cavanagh

Mr. Justice John Cavarzan has provided some clarification about a small point that not-infrequently comes up in personal injury litigation: what questions must the defendant answer about surveillance that has been undertaken on the plaintiff? The case is Marchese v. … Continue reading →

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Plaintiff’s Facebook Pages Not A “Fishing Expedition” by Defence, Judge Rules

Posted on February 26, 2009 by Stephen Cavanagh

In Leduc v. Roman, Mr. Justice David M. Brown allowed in part an appeal from an order of Master Dash, dealing with the Facebook page of a plaintiff in a personal injury action. The Master had refused the defence motion, … Continue reading →

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Must Insurer Maintain “Firewall” Between Tort and No-Fault Claims?

Posted on March 24, 2008 by Stephen Cavanagh

In Trecartin v. Pilot Insurance Company, Mr. Justice George T. Valin considered the position of an insurer defending both a tort action and an accident benefits claim brought by the same plaintiff. In the no-fault action, the insurer, Pilot Insurance, was … Continue reading →

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Judge Upholds Master’s Refusal to Order Plaintiff To Undergo IME Involving “Adjunctive Testing”

Posted on January 10, 2008 by Stephen Cavanagh

Scissons v. Lajoie is scheduled to go to trial on May 12, 2008. The action, arising out of a 1999 MVA, has apparently had a long and somewhat tortured life, having been administratively dismissed twice. The amount claimed exceeds the defence policy … Continue reading →

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Important Ruling on Litigation Privilege

Posted on December 18, 2007 by Stephen Cavanagh

In what appears to have been a longstanding battle between Coseco Insurance Company and one of its insureds, Mr. Justice John Macdonald has released an important decision on the issue of litigation privilege. He dismissed the insurer’s appeal from a master’s … Continue reading →

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Court Holds That Defendant Entitled to See Complete Copies of Affidavits Filed on Motion for Court Approval of Settlement

Posted on December 14, 2007 by Stephen Cavanagh

Burns Estate v. Falloon addressed an issue that was raised at the recent Montebello Civil Litigation conference: on a motion for approval of the settlement of a claim by a person under a disability, is the defence entitled to be served with unexpurgated … Continue reading →

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Div. Ct. Says Defence Medical, Surveillance Report from Tort Claim Can’t Be Used in Subsequent AB Litigation

Posted on September 28, 2007 by Stephen Cavanagh

In Kitchenham v. AXA Insurance Canada, the Divisional Court has considered the “deemed undertaking” rule (Rule 30.1.01) in the context of personal injury litigation. The decision of the Court was written by Associate Chief Justice Douglas Cunningham, concurred in by … Continue reading →

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Master Orders Plaintiff to Produce Identical Copy of Hard Drive From Which Some of Its Productions Had Been Taken

Posted on September 28, 2007 by Stephen Cavanagh

Hummingbird v. Mustafa et al. involved some interesting issues in the evolving law of “e-discovery”. The defendants asked the court to order production of the hard drive of a computer that the defendant Mustafa had used while in the employ … Continue reading →

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Master Says Communications with Paralegal Are Privileged (in this case, at least)

Posted on July 24, 2007 by Stephen Cavanagh

In what is apparently the first case to consider the issue, Master R. Dash has held that communications passing between a paralegal and his client were privileged from production in a civil action. The case is an interesting one, partly … Continue reading →

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