Vickers v. Palacious, 2015 CarswellOnt 20889

Released October 27, 2015 | Ruling [OTLA Document Bank]

As part of the plaintiff’s case during this personal injury action, the plaintiff filed the reports of two radiologists. The defendant did not request that the radiologists be presented for cross-examination, either before trial or during the plaintiff’s case. After the plaintiff had closed her case, counsel for the defendant moved for a ruling that the defendant be permitted to cross-examine the radiologists in question. The defendant submitted that the right to do so by way of cross-examination rather than examination in chief arose because the radiologists were essentially the plaintiff’s witnesses.

Justice James denied the defendant’s request, noting that there were no unusual circumstances or out-of-order witnesses that would warrant a defendant being permitted to make such request. Justice James left the defendant with the option of calling the radiologists as part of the defendant’s case, noting that they would be considered the defendant’s witnesses “with the usual considerations and implications attaching”.

Read the ruling on the OTLA Document Bank
Written by

For over a decade, Rikin Morzaria has dedicated his practice to representing those who have suffered serious or catastrophic personal injuries and families who have lost a loved one in wrongful death cases. His areas of practice include traumatic brain injuries, spinal cord injuries, cycling injuries, fatal accidents, medical malpractice, nursing home negligence, and disability insurance claims.

Rikin received his Bachelor of Business Administration (BBA) with Distinction from the Schulich School of Business at York University. He completed his law degree at the University of Toronto, where he also received the top prize in Trial Advocacy and the top prize in Public International Law.

Rikin has written and published more than twenty journal articles and chapters in leading textbooks in the field of civil litigation and personal injury law. He is regularly invited to give lectures to other lawyers and to health professionals about litigation and personal injury law.

Rikin believes passionately in the need for safe streets and commutes by bicycle to work every day. When not working, Rikin spends his time with his wife and two children.