Plaintiff’s Claim Dismissed due to Insufficient Evidence on Summary Judgment Motion
evidence Tag Archives
Baradaran v. Alexanian 2016 ONCA 533
The Court of Appeal confirmed that it is inappropriate to treat a motion to strike portions of a Statement of Claim as a summary judgment motion by examining evidence on the merits of the action.
Gomez v Vandelden, 2016 ONSC 1966 (CanLII)
Despite concerns regarding the credibility of the parties, Justice Dow grants Summary Judgment in “very exceptional case where the paper record was sufficient to reach a fair conclusion”
Leon v. Toronto Transit Commission, 2016 ONSC 3394 (CanLII)
The Divisional Court provides an analysis on the law on spoliation and the relevance of medical records more than 5 years pre-accident.
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.
Basandra v. Sforza, 2016 ONCA 251(CanLII)
Appeal of a judge’s decision to reduce the jury’s awards pursuant to s. 267.8 in the absence of clear evidence of quantum.