Monthly Archives: May 2011

C.A. Says Action Against Underinsured Insurer Can Proceed Even After Plaintiff Settles with Tort Insurer for Less Than Policy Limits

The Court of Appeal has handed down a ruling that is important for auto insurers. The Court has held that an injured plaintiff can still sue his or her own insurer, pursuant to an OPCF-44R underinsured motorist endorsement, even after … Continue reading

Posted in Auto, Uninsured or Underinsured | 1 Comment

CPP and HOOP Benefits Held Not Deductible from Income Loss Damages

In Demers v. B.R. Davidson Mining & Development Ltd., Mr. Justice Douglas C. Shaw has held that, for the period November 1, 1996 to September 30, 2003, CPP benefits are not deductible from an award of tort damages in a … Continue reading

Posted in Collateral Benefits, Damages | 2 Comments

Treating Physicians: Fact or Expert Witnesses?

Leonard v. Kline, 2011 ONSC 2730 (CanLII) is a personal injury action arising out of a motor vehicle accident. The plaintiff sought leave from Mr. Justice Gregory Ellies to call ten experts. (Section 12 of the Evidence Act requires that … Continue reading

Posted in Evidence, Trial Procedure | 1 Comment

Perell J. discusses permissible scope of cross-examination on affidavits

In Ontario v. Rothmans Inc., 2011 ONSC 2504 (CanLII), Mr. Justice Paul Perell has analyzed in depth the proper bounds of cross-examinations on affidavits. He allowed an appeal from a ruling by Master Donald Short, in which the Master had … Continue reading

Posted in Discovery, Practice and Procedure | 1 Comment

Providing surveillance to defence medical expert constitutes waiver of privilege over it

In Aherne v. Chang, 2011 ONSC 2067 (CanLII), Master Donald E. Short considered the question of whether sending privileged surveillance videos to a defence medical expert in a personal injury action results in the loss of privilege on the surveillance. … Continue reading

Posted in Discovery, Privilege | Leave a comment

Rules 4.01 and 53.03 Held Not To Apply To Experts Retained by Non-parties

Madam Justice Helen MacLeod-Beliveau has released a decision that might have very significant implications for civil litigation. Although the action involved a personal injury claim, its implications extend to expert witnesses in any civil lawsuit. In McNeill v. Filthaut, 2011 ONSC … Continue reading

Posted in Evidence, Experts and Opinions | 2 Comments