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E-Filing Guidelines in the Ontario Superior Court

June 24, 2015 | Eric Sherkin

As the Ontario court system slowly (slowwwwwwwly) tries to modernize, judges more regularly ask counsel for electronic copies of materials filed for a motion, trial or other hearing. While some of us at the bar are reasonably technologically savvy, others...


The Last Word: When Can a Party File Further Affidavit Evidence After Cross-Examination

June 10, 2015 | Alexandra L. White

The decision of Perell J in Shah v. LG Chem, 2015 ONSC 776, addresses the topic of when a party should be granted leave of the court, under Rule 39.02(2), to deliver further affidavit evidence after cross-examination. The plaintiffs commenced...


Iannarella v. Corbett – the Master Class in Handling Surveillance in Litigation and at Trial

June 4, 2015 | Alexandra L. White

Civil litigators will be interested in the recent Court of Appeal decision in Iannarella v. Corbett.  In particular, the Court made extensive comments on the use of surveillance in litigation and at trial. Facts On a snowy February evening, Mr. Iannarella...


The Latest on Rule 49 Offers to Settle

June 3, 2015 | Kate Genest, Theodore J. Madison

Facts: 11 months before trial, a defendant makes an offer to settle. On the eve of trial, the plaintiff accepts the offer. The offer includes as a term, “costs to be agreed upon or assessed.” After acceptance of the offer,...


Appeal Abandoned in Thornhill v. Highland

May 11, 2015 | Elizabeth K. Ackman

On September 16, 2014, I posted a blog entry on an interesting decision in a fuel oil spill case, Thornhill v. Highland. The losing plaintiff had initiated an appeal to the Court of Appeal. However, on March 10, 2015, a...


Ontario Announces E-Filing for Small Claims Court

April 8, 2015 | Kate Genest

Following a successful six-month pilot project, Ontario plaintiffs can now file small claims court forms and pay court filing fees online. So far, the e-filing service is only available to parties who are initiating claims (defendants cannot respond to a...


Ontario Court of Appeal: Experts vs. Participant Experts

March 30, 2015 | Eric Sherkin

In a post on this blog in January, the Ontario Court of Appeal’s ruling in Moore v. Getahun was discussed. That case saw the Ontario Court of Appeal overturn a lower court’s ruling in respect of the practice of lawyers reviewing...


Moore v. Getahun – Court of Appeal Clarifies Rules Regarding Expert Witnesses

January 29, 2015 | Eric Sherkin

In January of 2014, Madam Justice Wilson of the Ontario Superior Court of Justice released her reasons in Moore v. Getahun. The case was not noteworthy for the facts, which related to a motorcycle accident in which the plaintiff injured his...


Expert Evidence and the Judge as Gatekeeper

January 26, 2015 | Kate Genest

For expert evidence to be admissible, it must be: (a) relevant; (b) necessary to assist the trier of fact; (c) it must not be subject to any exclusionary rules; and (d) the expert must be properly qualified (R. v. Mohan)....


Bad Faith and Claims Surviving Bankruptcy

January 19, 2015 | Eric Sherkin

One of the primary reasons why people declare bankruptcy is that upon being discharged, the bankrupt person is released from their obligation to repay most of the debts that had existed at the time they went bankrupt. I say most...


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This blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of this blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.