Court orders production of expert’s and assessment centre’s records despite defence’s claim of litigation privilege.
Expert Evidence Tag Archives
St. Marthe v. O’Connor, 2021 ONCA 790
In this case, the plaintiff suffered soft tissue injuries that led to chronic pain and prevented him from working in the construction industry. The trial judge found in his favour and awarded $205,662 in damages plus costs and disbursements…
Marshall et al v. Jackson et al
In this case, the discovery principles with respect to medical malpractice cases apply equally to solicitor’s negligence cases. Master Sugunasiri’s endorsement addresses a refusals motion brought within the context of a solicitor’s negligence case. The plaintiffs alleged, inter alia, that the defendant solicitor negligently drafted a will for an elderly testator who was incompetent and subjected to undue influence.
Boone v. O’Kelly, 2020 ONSC 6932
In this case, the defence expert’s evidence was excluded entirely. The evidence was biased and unreliable from the beginning and was, therefore, inadmissible…