May 01, 2024
By Cameron Allan A recent decision from the Ontario Superior Court of Justice serves as a reminder for counsel to carefully consider the types of documents being provided to their expert witnesses for the preparation of expert reports. In Simmermon v. Djoudad et. al., 2024 ONSC 2388, a motion judge struck an expert report from […]
January 17, 2024
By Celina Stoan In Denman v. Radovanovic, 2022 ONSC 4401, following a July 18, 2022, mid-trial voir dire, Justice Ferguson ordered the defence’s expert Dr. Redekop excluded from testifying on the grounds of bias. The 35th paragraph of Her Honour’s decision reads “This is the first time I have done this with an expert since […]
March 03, 2023
At our weekly Friday meeting, Katrina Taibi discussed the recent decision of the Ontario Superior Court in Ozdemir v. Economical Mutual Insurance Group, 2023 ONSC 685. Overview: A mid-trial hearing on the admissibility of the plaintiff’s medical report, when the doctor would not be presented for cross-examination. Facts: The plaintiff, Mr. Ozdemir, was allegedly injured […]
September 15, 2022
In Lafontaine v. McDaniel, 2022 ONSC 5153, the court dismissed the defendant’s motion to compel the plaintiff to attend a neuropsychology expert assessment and to extend the deadline to serve the expert’s report. The motion was heard on August 5, 2022. The proposed expert examination was scheduled for August 9, 2022. The trial was scheduled […]
April 01, 2022
At our weekly Friday meeting, Michael Kryworuk discussed the Superior Court’s decision in Beazley v. Johnston et al., 2022 ONSC 1739. History of the Litigation This interim ruling in a series of summary judgment motions considered whether the self-represented plaintiff, Mr. Cary Beazley, met the threshold requirement for qualification as an expert witness, such that […]
December 14, 2021
In Meade v. Hussein, 2021 ONSC 7850, the plaintiff attempted to rely on a brain SPECT scan to demonstrate that she sustained a traumatic brain injury in a motor vehicle accident. The defendant’s expert testified that the use of a brain SPECT to diagnose a traumatic brain injury is not supported by the academic community […]
