April 29, 2020
By Rebecca Moore Will costs thrown away be awarded when the health of a party necessitated the adjournment of a trial? This was one of the issues examined by Justice Fowler Byrne in Syed v. Petrie, 2020 ONSC 2513 (CanLII). Background This matter proceeded to trial during the January 2020 civil jury blitz. Following a […]
April 28, 2020
In Sit v. Trillium Health Centre, 2020 ONSC 2458, Justice Trimble addressed several issues related to expert evidence at trials. Expert Report as an Aide Memoire Justice Trimble confirmed that, unless a medical report is tendered as a medical expert’s evidence-in-chief in place of oral testimony, the report has no evidentiary value. The only admissible evidence […]
April 27, 2020
By Brian Sunohara In Girao v. Cunningham, 2020 ONCA 260, the Ontario Court of Appeal addressed several important issues regarding trials, particularly in personal injury actions. These issues include the use of joint document books; introducing evidence of participant experts and non-party experts; the distinction between section 35 and section 52 of the Evidence Act; […]
April 24, 2020
This morning, Logan Cooper of Cooper Mediation presented us with an engaging webinar on mediation strategies. Logan has written a comprehensive and very helpful article called “Getting the Most Out of Your Mediation“. The article addresses the following topics: Setting Up Your Mediation Picking Your Mediator Preparing For Mediation: Case Management Mediation Briefs Opening Statements […]
April 23, 2020
The Supreme Court of Canada granted leave to appeal today in a case that could have important implications on the issues of waiver and estoppel in insurance disputes, including the extent to which insurers have to conduct investigations in a timely manner to examine potential coverage violations. It is rare for the Supreme Court to […]
April 22, 2020
By Brian Sunohara Dog walking services have become fairly common in recent years. When dog owners are away from home, they do not want their dogs to be trapped inside all day. For extended periods away from home, dog owners will sometimes send their dogs to dog camps or boarding kennels. What happens if a […]
