Monthly Archives: February 2012

Leave to Appeal to Divisional Court Granted Concerning Applicable Test for Examination for Discovery of Second Deponent

Fortini v. Simcoe (County), 2012 ONSC 1034 (CanLII) is an interesting case in which Madam Justice Susan E. Healey granted leave to appeal an order of Madam Justice Anne Mullins, requiring that the appellant (defendant) produce a second deponent for … Continue reading

Posted in Discovery, Practice and Procedure | Leave a comment

Brown J. Discusses Waiver of Privilege

In Ebrahim v. Continental Precious Minerals, 2012 ONSC 1123 (CanLII), Mr. Justice David M. Brown undertook a fairly comprehensive analysis of the circumstances in which both lawyer-client privilege and litigation privilege will be found to have been waived. The discussion arose … Continue reading

Posted in Evidence, Experts and Opinions, Privilege | Leave a comment

Stepping From Behind the Curtain…

Long-time readers will have noticed a few changes on this site. It has been renamed, “Cavillations”. And, after many years of publishing a blog in the name of his firm, Steve Cavanagh will now be posting in the first person … Continue reading

Posted in Lawyers | Leave a comment

Opinion Evidence: Is There An “Ordinary Work” Exception That Makes It Admissible Although R. 53.03 Requirements Not Met?

UPDATE: These three decisions are now available on CanLII, here, here and here. Two days ago, Bruce Mitchell of Windsor sent along some interesting decisions of Madam Justice Darla Wilson, all rendered last month in a case that is now … Continue reading

Posted in Evidence, Experts and Opinions | 1 Comment

Plaintiff’s Family Doctor Permitted To Testify As Standard of Care Expert In Medical Malpractice Case

The debate continues as to whether family physicians may testify as experts or only as fact witnesses. In this case, the issue arose with a bit of a twist: the court opened the door for the plaintiff’s family doctor to … Continue reading

Posted in Evidence, Experts and Opinions, Professional Liability, Trial Procedure | Leave a comment

Master Dash Orders Defendants to Produce Proportionate Liability Sharing Agreement

Master Ronald Dash has ordered that a secret agreement, entered into by defendants and a third-party in Moore v. Bertuzzi, 2012 ONSC 597 (CanLII), must be disclosed to the plaintiffs. In his reasons, the master undertook a comprehensive review of … Continue reading

Posted in Discovery, Practice and Procedure, Privilege | Leave a comment

Court grants summary judgment in occupier’s liability case on basis that occupier not required to sanitize environment to negate all inherent risk

In Miltenberg v. Metro Inc., 2012 ONSC 1063 (CanLII), Mr. Justice Andrew J Goodman granted the defendant’s motion for summary judgment and dismissed an action based on breach of obligations under the Occupiers Liability Act. In doing so, he made … Continue reading

Posted in Occupier's Liability, Tort News | Leave a comment

Superior Court Refuses to Dismiss Accident Benefits Lawsuits, Despite Mediation Not Having Taken Place

Last week, Mr. Justice James W. Sloan delivered a ruling in four cases that will have an impact on statutory accident benefits litigation. The cases are: Cornie v. Security National, Hurst v. Aviva Insurance Company, Singh v. Aviva Insurance Company and … Continue reading

Posted in Auto | Leave a comment

C.A. Strikes Down Award of Compound Interest on Fee Charged by Opposing Party’s Expert

In Herbert v. Brantford (City), the Court of Appeal disallowed interest at one and two percent, compounded monthly, that had been awarded in relation to fees charged by the plaintiffs’ expert witnesses in a personal injury case. The Court said … Continue reading

Posted in Costs, Practice and Procedure | Leave a comment