What's News Blog

On August 10, 2015, the Ontario Court of Appeal released its decision in Fernandes v. Araujo confirming a motor vehicle owner's liability under the Highway Traffic Act for its driver's negligence is triggered solely based on the owners consent to possession and not the manner in which the vehicle was being operated.



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By Darcy Merkur

While litigation experts hired by a party to a lawsuit must comply with the comprehensive expert report rules set out in Rule 53.03 of the Ontario Rules of Civil Procedure, participant experts such as treating health practitioners and non-party experts such as those hired by a non-party insurer don’t need to comply with the rule in order to provide expert opinion evidence at trial, according to the Ontario Court of Appeal in its pragmatic and much-anticipated decision in Westerhof v. Gee.



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By Darcy Merkur

A recent Financial Services Commission of Ontario arbitration decision has confirmed that any financial outlay by a service provider can qualify as an economic loss within the meaning of the definition of "incurred" in subsection 3(7)(e) of the Ontario statutory accident benefits schedule.



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By Darcy Merkur

There is absolutely nothing improper with counsel's practice of reviewing draft expert reports, according to the Ontario Court of Appeal in its hotly anticipated January 29th decision in Moore v. Getahun et al (2015) ONCA 55 (OCA).

In fact, the Ontario Court of Appeal in Moore went further to say that draft reports, including notes of consultations between experts and counsel are now subject to a qualified litigation privilege - a privilege that can be disregarded by the Court only in extreme circumstances where the opposing lawyer establishes a factual foundation to alllege improper influence.



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By Robert M. Ben

Despite OSOT’s acknowledgement that attendant care can be provided remotely, there has been no authoritative jurisprudence on the subject until the recent decision of the Ontario Superior Court of Justice in the case of Shawnoo v. Certas Direct Insurance Company, 2014 ONSC 7014.



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By: Alan Farrer

The Ontario Court of Appeal released its much anticipated decision in Moore v. Getahun.

The case dealt with circumstances surrounding allegedly negligent medical care following a motorcycle accident. However, it was the rulings by the trial judge about the legal effect of communications between trial counsel and an expert witness that made this case of general interest to all lawyers and expert witnesses in Ontario.



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