Monthly Archives: July 2013

Divisional Court Clarifies Expert Witness Rule

January 15, 2014. I understand that leave to appeal this decision has been granted. In Westerhof v. Gee (Estate), 2013 ONSC 2093 (CanLII), the Divisional Court (Matlow, Aston & Lederer JJ.) has addressed an area of the law that has … Continue reading

Posted in Experts and Opinions | 3 Comments

Divisional Court Splits on Whether MVA Plaintiff Can Provide Corroborative Evidence of “Change in Function”

In Gyorffy v. Drury, 2013 ONSC 1929 (CanLII), the majority of a Divisional Court panel held that on a “threshold motion” under the Insurance Act, the injured plaintiff can, himself or herself, provide the corroborative evidence required by s. 4.3(5) of Reg. … Continue reading

Posted in Auto, Insurance News, Threshold | 1 Comment