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Searching Content indexed under Court Procedure by Torkin Manes LLP ordered by Published Date Descending.
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Defendant Knows Best: Reliance On An Expert's "Superior Knowledge" As A Basis For Postponing The Limitation Period
One of the ways a limitation period can now be postponed in Ontario occurs where a plaintiff relies on the "superior knowledge" of the defendant who is seeking to remedy the plaintiff's loss.
Canada
21 Feb 2019
2
Ejusdem Generis: Why Latin Still Matters In Statutory Interpretation
As much as Canadian lawyers embrace "modern" principles of statutory interpretation, old habits die hard.
Canada
22 Jun 2018
3
Is An Expert Diagnosis Required To Prove Mental Injury?
In an action for negligence, a plaintiff may make a claim for mental injury resulting from the defendant's conduct.
Canada
7 Dec 2017
4
Should Security For Costs Motions Be Treated Differently When A Foreign Judgment Is Involved?
An order for security for costs can be made for a range of reasons. Its primary purpose is to give protection to the moving party by ensuring funds are available to cover their litigation costs.
Canada
11 Oct 2017
5
Can A "Non-Party" Director Of A Corporation Be Held Personally Liable For Litigation Costs?
Where a corporation is a party to litigation, Courts will very rarely award the costs of the action against the non-party directors, shareholders or principals of the company.
Canada
15 Sep 2017
6
Partisans At The Gate: Expert Evidence And The Ongoing Duties Of The Trial Judge
Once a judge has allowed expert evidence to be admitted at trial, is the Court's "gatekeeper function" at an end?
Canada
22 Jun 2017
7
Setting Aside A Jury's Verdict – A Heavy Burden
"Author of his/her own misfortune" is a common defence in personal injury cases and in Hamilton v. Bluewater Recycling Association, the jury reached this determination...
Canada
22 Nov 2016
8
Academic Misconduct And The Availability Of Judicial Review
Although judicial review has long been used in "traditional" areas of law, such as in disputes between health professionals and their regulatory bodies, judicial review is becoming increasingly available in non-traditional settings.
Canada
26 Apr 2016
9
Chambers Appointments Now Available For Toronto Civil Proceedings (Regular Stream)
A new, and very welcome, procedure has been implemented at the Toronto Superior Court for civil proceedings (regular stream).
Canada
4 Feb 2016
10
Insurers Have To Explain The Basis For Denial Of Coverage; But What About Privilege?
In the July 29th, 2015 decision in Lica v. Dhaliwal, Price J ordered that State Farm, the insurer of the Defendants provide the reasons and basis for the denial of coverage.
Canada
17 Aug 2015
11
Court Of Appeal's Decision On Assessments By Someone Other Than A Health Practitioner
In the 2015 decision of the Court of Appeal, Ziebenhaus v. Bahlieda, the appellant sustained a head injury while skiing on a school trip.
Canada
24 Jul 2015
12
The Unbiased Expert: Challenging the Admissibility of Expert Evidence in WBLI v. Abbott and Haliburton
In WBLI v. Abbott and Haliburton, the shareholders of a corporation brought a professional negligence action against the former auditors of their company.
Canada
11 May 2015
13
Do Experts Always Have To Produce A Report To Give An Opinion At Trial?
The Ontario Court of Appeal has held that non-party and "participant" experts may give opinion evidence at trial without necessarily having to comply with the rules governing ordinary litigation experts.
Canada
31 Mar 2015
14
Talk To An Expert: The Preparation And Use Of Expert Reports In Litigation
In the much-anticipated decision, Moore v. Getahun, 2015 ONCA 55, per Sharpe J.A., the Court has affirmed key principles regarding the preparation and use of expert reports under Rule 53.03 of the Rules of Civil Procedure.
Canada
5 Mar 2015
15
Practice Alert: A New Year, A New Rule - Amendments To Rule 48 And Form 14A
This practice alert highlights the Rule 48 amendments, however, as noted in the opening words in Rule 48.14, the Rule is subject to an order which contains a set down date which differs from what is contained in the Rule.
Canada
5 Mar 2015
16
The Dismissal Of Civil Actions At Status Hearings
The Court of Appeal for Ontario has affirmed that an action will be dismissed for delay at a status hearing absent compelling factors favoring the continuance of the action.
Canada
7 Jan 2015
17
Disclosure Of Wiretap Communications In A Civil Proceeding
The Supreme Court of Canada has held that a party in a civil proceeding can request disclosure of wiretap communications intercepted by the state during a criminal investigation.
Canada
12 Nov 2014
18
"Culture Shift" On Summary Judgment
In Hryniak v. Mauldin, the Supreme Court of Canada has introduced a "culture shift" in the way parties and Canadian Courts approach summary proceedings.
Canada
7 Oct 2014
19
Supreme Court Uses Doctrine Of Stare Decisis To Prevent Re-Litigation Of Claims
The Supreme court of Canada has recently suggested that a party can also rely on the doctrine of stare decisis to dismiss an action at a preliminary stage.
Canada
4 Aug 2014
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