Category Archives: Discovery

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

C.A. Takes Expansive View of Expert’s Producible “Findings, Opinions and Conclusions”

UPDATE: This decision was reversed by a 3-member panel of the Court of Appeal on September 20, 2006. See our post.  Justice Gillese of the Ontario Court of Appeal yesterday released a ruling that will be of importance to all civil … Continue reading

Posted in Discovery, Practice and Procedure, Privilege | Comments Off on C.A. Takes Expansive View of Expert’s Producible “Findings, Opinions and Conclusions”

Litigants Can’t Avoid Manual Search of Documents for Production

 Air Canada et al. v. Westjet Airlines Ltd. et al. is evidently “the largest case of corporate espionage ever seen in Canada”. It will undoubtedly spawn many rulings as it proceeds through the courts and today’s is an interesting one. … Continue reading

Posted in Discovery, Practice and Procedure, Privilege | Comments Off on Litigants Can’t Avoid Manual Search of Documents for Production

Litigation Privilege Can Arise Before Demand Made or Lawsuit Commenced

Here’s a case that we missed when it was first released last September. It has just been reported in the Ontario Reports, so the lawyers, judges and masters who subscribe to our Updates will already have seen it. But for the … Continue reading

Posted in Insurance News, Occupier's Liability, Practice and Procedure, Privilege | Comments Off on Litigation Privilege Can Arise Before Demand Made or Lawsuit Commenced

Service of Expert’s Report Waives Litigation Privilege on File Material

A Superior Court judge today dealt with a question that arises frequently in civil litigation: to what extent must “the findings, opinions and conclusions of an expert” be disclosed to an opposing party prior to trial? In Lecocq Logging Inc. … Continue reading

Posted in Discovery, Practice and Procedure, Privilege | Comments Off on Service of Expert’s Report Waives Litigation Privilege on File Material

No Right to IME in Absence of Adequate Supporting Evidence

A just-released Superior Court decision reminds us that defendants are not automatically entitled to have a personal injury plaintiff examined by multiple medical practitioners, from various disciplines. They must establish, through evidence, why such examinations are needed.

Posted in Auto (Tort), Discovery, Practice and Procedure, Tort News | Comments Off on No Right to IME in Absence of Adequate Supporting Evidence

Underwriting File Ordered Produced

Royal & SunAlliance v. Lombard and Allianz is a Divisional Court decision from last month that slipped by us. It’s of some interest, so better late than never… RSA is suing Allianz for reimbursement for the amount paid to settle … Continue reading

Posted in Discovery, Practice and Procedure | Comments Off on Underwriting File Ordered Produced

SABS Insurer Examination Doesn’t Preclude IME

Ottawa Case Management Master Robert Beaudoin recently clarified the law relating to the effect that an insurer examination under the SABS has on the right to an IME under s. 105 of the Courts of Justice Act .In La Forest … Continue reading

Posted in Auto, Discovery, Insurance News | Comments Off on SABS Insurer Examination Doesn’t Preclude IME

Privileged Engineer’s Report Producible in Subsequent Litigation

A recent decision of the Ontario Superior Court raises an issue that is of increasing concern to insurers: the loss of litigation privilege. In Podeszwa et al and D. Preete et al and the Corporation of the City of London, … Continue reading

Posted in Discovery, Evidence, Practice and Procedure, Privilege | Comments Off on Privileged Engineer’s Report Producible in Subsequent Litigation