March 28, 2024
By Riley Groskopf A recent motion was brought at the Superior Court of Justice regarding the producibility of individuals under disability for discovery, and the refusal of a party to do so. The motion decision in Antczak v. Avakian, 2024 ONSC 1715 serves as a good reminder of the fundamental principles for refusing the production […]
October 20, 2023
At our weekly meeting, Eli Feldman discussed the recent decision of the Superior Court of Justice in Singh et al. v. Braich, 2023 ONSC 5053, which concerned a motion that followed an examination for discovery gone awry. Background The underlying action arose out of a motor vehicle accident in July 2019. Following the accident, the […]
December 21, 2021
In Birhane v. Wong et al, 2021 ONSC 8024, the court dismissed a motion for an oral discovery of a non-party. The plaintiff sued the defendant physicians for medical negligence. A key issue in the lawsuit is whether the plaintiff provided consent for the procedure in question. The plaintiff’s facility with the English language is in […]
October 28, 2021
The decision in Worsoff v. MTCC 1168, 2021 ONSC 6493, deals with a dispute over whether examinations for discovery should take place in person or by videoconference. The plaintiff wanted to examine the defendants’ representatives in person. The defendants objected to this and wanted to proceed by videoconference. Justice Myers indicated that the method of […]
September 23, 2021
In Simplified Procedure actions, a party is limited to conducting three hours of oral examinations, regardless of the number of parties or other persons to be examined. The case of Leask v. Homewood Health Centre Inc., 2021 ONSC 6287, involves a Simplified Procedure action. The defendants permitted the plaintiff’s lawyer to extend the three hour […]
August 13, 2021
At our weekly meeting, Pip Swartz discussed the recent decision of the Ontario Superior Court of Justice in Merritt v. London Health Sciences Centre, 2021 ONSC 4351. This decision concerned a motion by the plaintiffs to examine non-parties for discovery, which was heard on June 14, 2021. Facts The motion arose in the context of […]
