Category Archives: Evidence

Developments in the law of evidence.

C.A. Says Trial Judge Entitled to Prefer One Medical Opinion Over Others

We’ve gotten a bit behind over the holiday season, but over the next few days, we’ll get caught up on some interesting new decisions that have been handed down this month. We’re also in the process of re-designing our Updates; … Continue reading

Posted in Evidence | Comments Off on C.A. Says Trial Judge Entitled to Prefer One Medical Opinion Over Others

Plaintiff’s Lack of Credibility Taints Evidence of Medical Experts

In a decision released this afternoon, Mr Justice Geoffrey Morawetz dismissed a personal injury action alleged to have arisen from a motor vehicle accident. He found that the plaintiff had not established that her injuries met the threshold. His rather … Continue reading

Posted in Auto, Evidence, Insurance News, Threshold | Comments Off on Plaintiff’s Lack of Credibility Taints Evidence of Medical Experts

Investigator’s Contact with Plaintiff Fatally Taints Evidence

In Cowles v. Balac, released November 4, 2004, Justice MacFarland of the Ontario Court deals with a problem that we have encountered from time to time: an investigator making direct contact with a plaintiff who is represented by counsel. The … Continue reading

Posted in Evidence | Comments Off on Investigator’s Contact with Plaintiff Fatally Taints Evidence

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

Surveillance Video Does Not Contravene PIPEDA

An Ontario Superior Court judge has rejected an argument, made by a plaintiff in a medical malpractice action, that surveillance video should not be received in evidence at trial because it contravened the Personal Information Protection and Electronic Documents Act … Continue reading

Posted in Evidence, Practice and Procedure, Privacy | Comments Off on Surveillance Video Does Not Contravene PIPEDA