July 31, 2019
The Court of Appeal released a decision today in Nemchin v. Green, 2019 ONCA 634. The decision deals with a dispute over the exclusion of surveillance evidence and Facebook posts at trial. Stephen Ross, Brian Sunohara, and Meryl Rodrigues were counsel on appeal for the appellant. The Court of Appeal held that the trial judge made a number […]
July 31, 2019
Meryl Rodrigues was successful in a motion to dismiss an action today. Meryl made repeated attempts to move the action forward, without any response from plaintiff’s counsel. As a result of the lack of response, Meryl unilaterally scheduled a discovery of the plaintiff. The plaintiff failed to attend the discovery and no explanation was provided […]
July 30, 2019
A thorough understanding of hearsay is important for all litigators. Brian Sunohara has written an article called “A Primer on Hearsay“. The article addresses some of the basic principles of hearsay. Brian covers the following topics: What is Hearsay? Traditional Exceptions to the Hearsay Rule Principled Exceptions to the Hearsay Rule Narrative
July 29, 2019
At an examination for discovery of a corporate party, the deponent does not necessarily need to have personal knowledge of the matters in issue. The key thing is whether the deponent properly informed himself or herself. In Boville v. The York Club, 2019 ONSC 4335, plaintiff’s counsel served a notice of examination requesting the defendant to […]
July 26, 2019
At our muffin meeting this morning, we had a great group strategy session on discoveries. We also discussed Tom Macmillan’s court appearance yesterday at an interesting hearing involving a dispute over the sale of certain products at retail stores. Matthew Umbrio went over the court’s decision in Farrugia v. Ahmadi et al, 2019 ONSC 4261. The […]
July 25, 2019
Strict compliance with an insurance policy is not necessarily required for an insured to recover under the policy. Two of the main considerations in determining whether an insured should be relieved of a breach of a policy are the seriousness of the breach and prejudice to the insurer. Brian Sunohara discusses the Ontario Court of […]
