The Ontario Court of Appeal held that a solicitor’s negligence claim based on improvident settlement in a personal injury action was not discoverable until new counsel advised the plaintiff of it after obtaining an expert medical-legal opinion.
Abu-Hmaid v. Napar, 2016 ONSC 2894
This Master’s decision holds that a plaintiff must disclose the existence, but not particulars, of adverse costs protection at examination for discovery.
Daggitt v. Campbell, 2016 ONSC 2742
This decision opens the door, albeit in obiter, to precluding experts with prior judicial findings of bias from conducting defence medical examinations and giving evidence at trial.
MacDonald v. Duncan, 2015 ONSC 7135
A marginal expansion of the upper limit of damages for loss of care, guidance, and companionship for the loss of an adult sibling.
Mazzucco et al. v. Herer et al, 2015 ONSC 7083
Judge holds that, in some circumstances, LTD benefits are deductible from past and future income loss in a medical malpractice claim.
Duncan v Taylor, 2015 ONSC 7186
In this MVA summary judgment motion, the court found that the plaintiff’s conviction of “failure to yield” under the Highway Traffic Act did not resolve the issues of liability in the civil action.