December 13, 2021
Two of our lawyers, Brian Sunohara and Erin Crochetière, participated in a virtual trial from our boardroom last week. The case involves alleged motor vehicle negligence and breach of Charter rights. The trial is anticipated to continue in the early new year. Although conducting a trial by videoconference is not the same as being in […]
November 30, 2021
In the recent trial decision of Legree v. Origlieri, 2021 ONSC 7650, the plaintiff was rear-ended in stop and go traffic. The police and ambulance were called to the scene. The plaintiff did not have a significant pre-accident medical history. As a result of the accident, Justice Fowler Byrne found that the plaintiff sustained the following […]
August 25, 2021
One of the issues in Rumney v. Nelson, 2021 ONSC 5632, was whether the jury should be advised of the statutory deductible in a motor vehicle accident trial. Justice Fowler Byrne confirmed that the jury should not be so advised. Section 267.5(7) of the Insurance Act indicates that damages for non-pecuniary loss shall first be […]
August 19, 2021
By Brian Sunohara Every litigator needs to be familiar with the rule in Browne and Dunn. In Goruk v. Greater Barrie Chamber of Commerce, 2021 ONSC 4046, the court went over the principles of this rule. Overview of the Rule The rule in Browne and Dunn requires a cross-examining lawyer to confront a witness with […]
June 24, 2021
In Sui v. Chitiz, 2021 CanLII 50711 (ON SC), the plaintiff argued that the trial should not proceed by video conference because there are real issues of credibility which could be better assessed by an in-person hearing and because the volume of documents could more easily be managed through an in-person hearing. The court rejected both […]
May 27, 2021
In the recent decision of Leendertse v. HMQ, 2021 ONSC 3765, Brian Sunohara and Erin Crochetière successfully defended a mistrial motion brought by the plaintiff. The initial part of the trial proceeded over four days in February 2020. It was adjourned to May 2020, but the COVID-19 pandemic prevented the trial from continuing. Plaintiff’s counsel argued […]
