Court of Appeal speaks to the Difference between Litigation Experts & Participant Experts (and the exception to complying with Rule 53.03)
Case Summaries Category Archives
Benhaim v. St-Germain, 2016 SCC 48
In a 5-4 decision, the Supreme Court of Canada held that a trial judge is not required by law to draw an adverse inference against physicians whose negligence makes it impossible to prove causation and where the plaintiff adduces at least some evidence of causation. Trial judges are permitted to draw such inferences, but are not required to do so.
Hamblin v. Standard Life Assurance Company of Canada, 2016 ONCA 854
An LTD insurer is entitled to reduce the amount of LTD payments under a group insurance plan by the amount of the non-earner benefit the insured person is receiving, so long as the accident benefits insurer is not deducting LTD payments from the amount of the NEB payable.
Kabutangana v. Coachman Insurance Co., 2016 ONSC 6330
Motion for the production of non-party Children’s Aid Society’s file is speculative and an unmeritorious fishing expedition that amounts to an unwarranted invasion of privacy.
Mandel v Fakhim, 2016 ONSC 6538
This was a threshold motion brought by plaintiff’s counsel during jury deliberations. The question before the court was whether the question was rendered moot as a result of the jury’s nominal award.
Ayr Farmers Mutual Insurance Co v. Wright, 2016 ONCA 789
This was an appeal of a preliminary issue application commenced by the insurer to determine if the applicant was entitled to accident benefits under the SABS. The question before the court was whether s.279 of the Insurance Act could be circumvented in this manner.