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Category Archives: Evidence
Tort Insurer Can’t Call AB Doctors as Experts
In an important new decision, Mr. Justice J. Patrick Moore has refused to allow the defendant in a personal injury action to adduce expert testimony from three physicians who examined the plaintiff in connection with a claim for statutory accident … Continue reading
Posted in Auto, Evidence, Insurance News, Trial Procedure
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Judge Disqualifies Expert for Lack of Impartiality
In a recent decision, Madam Justice Ellen MacDonald refused to permit a defence expert to give opinion evidence at trial. After reviewing a series of email messages that had been exchanged between the expert and certain of the defendants and … Continue reading
Posted in Evidence, Practice and Procedure, Trial Procedure
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Lawyer Swearing Affidavit Can’t Be “Informed” by “the File”
In Kailayapillai v. Azzam, Mr. Justice Theodore Matlow has addressed a very frequently recurring practice point: the proper form of lawyers’ affidavits on information and belief, where the source of the information is not another human being but rather, “the … Continue reading
Posted in Evidence, Practice and Procedure
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Divisional Court Rules Polygraph Evidence Inadmissible in Civil Suit
In Petti v. George Coppel Jewellers Ltd., Mr. Justice Joseph W. Quinn, sitting as a judge of the Divisional Court, ordered a new trial of a Small Claims Court action, where the Deputy Judge had decided the case, in part, … Continue reading
Posted in Evidence, Practice and Procedure, Trial Procedure
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Master MacLeod Proposes Guidelines for Solicitors’ Affidavits
In Mapletoft v. Service, Case Management Master Calum MacLeod decided a motion for summary judgment in a motor vehicle case. The defendant argued that the action had been commenced after the expiry of the limitation period. Our office opposed the … Continue reading
Posted in Auto, Discoverability, Evidence, Insurance News, Limitation Periods, Practice and Procedure, Threshold
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Rule 53.03 Doesn’t Apply to Expert Witnesses Not Retained for Purposes of the Litigation
Subrule 53.03(1) of the Rules of Civil Procedure provides that, “[a] party who intends to call an expert witness at trial shall, not less than 90 days before the commencement of the trial, serve on every other party to the … Continue reading
Posted in Evidence, Practice and Procedure, Trial Procedure
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Notice of Intention to File Medical Reports, Business Records Must Be Given Even to Defendant Noted in Default
In Vointsev v. Irina International Tours Limited, Justice Julie Alexandra Thorburn had to deal with an interesting practice point. The plaintiff had claimed damages resulting from having fallen while on a tour of Toronto with the defendant, Irina International Tours … Continue reading
Posted in Evidence, Practice and Procedure
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Court Rules Evidence of Marine Accident Reconstruction Expert Inadmissible
In Laudon v. Roberts, Mr. Justice Guy D. DiTomaso ruled that an expert witness retained by the plaintiff could not testify at trial. The action was one for personal injuries arising out of a boating accident. The plaintiff had been a passenger … Continue reading
Posted in Evidence, Trial Procedure
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Thorburn J. Discusses What’s Required for Court Approval of Settlements
In Rivera v. Leblond, Madam Justice Julie Ann Thorburn was asked to approve the settlement of the claim of a cyclist who had suffered a serious head injury when struck from behind by an automobile. In the course of her … Continue reading
Posted in Damages, Evidence, Insurance News, Practice and Procedure
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S.C.C. Reaffirms Primacy of “But For” Test for Causation
In an important ruling for tort litigation, the Supreme Court of Canada today allowed an appeal from a decision of the Alberta Court of Appeal which dealt with the issues of “foreseeability” and “causation”. In the course of its reasons, … Continue reading
Posted in Evidence
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