trial Tag Archives

Technology and the Personal Injury Claim

Medical data is shown on a digital technology display

Technology has long been a topic that has piqued the interest of the legal profession. Instead of being dissuaded by the rapid development of technological innovation, lawyers, the courts, and insurance companies are using technology to their advantage and embracing the benefits they produce.

Was it something I said? Non-verbal cues in court

Courtroom reflected in pupil

In the world of litigation, words matter. Written submissions, statements, admissions , and contradictions all shine a light on the ultimate goal—getting to the truth. However, one important and rarely-emphasized area of focus in litigation is non-verbal communication. Whether we are talking about juries, lawyers, litigants or judges, one common factor at play is the human condition to subconsciously send and receive non-verbal messages. Impressions and …

How will my health records be used in a trial?

Doctor gesticulates over printed health records

Personal injury litigation begins with the collection and sharing of all your health records with the lawyers and parties involved in your action. This article will explain some of the ways your health records will be used by the lawyers at trial.

Vickers v. Palacious, 2015 CarswellOnt 20890

Late disclosure of surveillance evidence, in breach of the defendant’s continuing disclosure obligations, led the trial judge to exclude surveillance evidence both as substantive evidence and for the purpose of impeachment.

Corbett v. Odorico, 2016 ONSC 2961

Superior Court Motion for costs of trial by successful plaintiff. The sought costs exceeded the award recovered at trial. The court decides that over-emphasis on proportionality may serve to under-compensate a litigant for costs legitimately incurred