September 30, 2019
In Robichaud et al v. Constantinidis et al., 2019 ONSC 5396, there was a dispute over whether plaintiffs’ counsel could make use of demonstrative aids in an opening address to the jury. The particular items in question were photographs showing the plaintiff, her son, and her dog, as well as charts summarizing prescriptions and visits […]
September 27, 2019
At our muffin meeting this morning, Ankita Abraham discussed a decision in which the Court of Appeal emphasized the requirement for plaintiffs to exercise reasonable diligence in identifying potential defendants. In Rumsam v. Pakes, 2019 ONCA 748, the plaintiff had a wrist injury. She sued a doctor and a clinic for failing to advise her […]
September 26, 2019
In D.S. v. Quesnell, 2019 ONSC 3230, the plaintiff was sexually abused by his step-father between the ages of five and ten. The step-father was criminally convicted of assault, sexual assault, and sexual interference. In a civil action, the plaintiff brought a motion for default judgment against his step-father. Medical evidence showed that the plaintiff had […]
September 25, 2019
The decision in Sokoloff v. Bateriwala, 2019 ONSC 5442, is another example of the courts cracking down on delay in litigation. The lawsuit in question was commenced in April 2013. It was dismissed for delay by the registrar in April 2018. The plaintiffs sought to set aside the dismissal. This request was denied. Master Jolley stated that […]
September 24, 2019
In Rodrigues v. Purtill, 2019 ONCA 740, one of the issues was whether a psychologist is a “physician” for the purpose of proving that the plaintiff meets the statutory threshold in motor vehicle accident claims. In order to meet the threshold of a permanent serious impairment, the applicable regulation requires the plaintiff to adduce the […]
September 23, 2019
We’re pleased to present our Fall 2019 Newsletter. We hope you find the following articles to be of interest: Taking Away the Plaintiff’s Right to Sue; Monitoring Commercial Drivers; Endean St. Joseph’s Hospital (ONCA): A Contextual Approach to Partial Settlement Agreements; Life Insurance and Mental Health; Discovery Rights at Small Claims Court; Disclosure of Accident […]
