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When bifurcation makes sense, and why
Prior to Jan. 1, 2010, the power to bifurcate a civil trial was not conferred by any statute or found under the Rules of Civil Procedure, but was based on the court’s inherent jurisdiction to control...
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Attendant care based on Form 1, not incurred amount
On November 26, 2010 our client, Mr. Marcus, suffered serious personal injuries when he fell on a TTC bus at the age of 89. Mr. Marcus applied for and received statutory accident benefits from TTC...
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Top cases discuss expert reports, Facebook profiles
Patrick Brown recently presented at The Oatley McLeish Lecture Series: Guide to Motor Vehicle Litigation and presented on the Top Tort Cases of the Year. AdvocateDaily sat down with Patrick and...
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Latest Case Summaries – April 2014
Dickie v. Minett, 2014 ONCA 265 (C.A.) (CanLII) This decision considered where a court can appropriately draw an inference of negligence from circumstantial evidence. The defendant extracted the...
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Latest Case Summaries – May 2014
Seif v. City of Toronto, 2014 ONSC 2983 This was a motion for summary judgment brought by the City on the basis that the plaintiff failed to provide notice of her claim within 10 days of her accident...
View ArticlePractical Strategies Webinar: Auto Insurance Law Impacting You and Your Clients
The Practical Strategies webinar aired on April 30, 2013. This webinar will update you on how lawyers and health care providers are coping with the evolving challenges of working in the constantly...
View ArticleRule 53.03 – Yet Another Shift in the Criteria for Expert Testimony
When is a treating Doctor an Expert under Rule 53.03? And what constitutes expert opinion? In Westerhof v. Gee, the Divisional Court considered the requirements which apply to treating health care...
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SCC Upholds Settlement Privilege in Pierringer Agreements
Settlement privilege is a long-standing concept that wraps a protective veil around the efforts that litigants make to settle their disputes. It does so by ensuring that communications made to...
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Latest Case Summaries – March 2014
Chapin v. Bennett, 2014 ONSC 1179 (SCJ) In this recent decision, Mr. Justice McCartney considered whether the amendment of a Statement of Claim in an FLA action to include damages for PTSD (known...
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Latest Case Summaries – June 2014
Gilbert v. South et al., 2014 ONSC 3485 Following a trial in which the plaintiff recovered damages for future care and housekeeping, the defendant brought a motion for an order that the plaintiff hold...
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