Kate Genest

Partner | Toronto


Portrait of Kate Genest

The Latest on Rule 49 Offers to Settle

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,...


Ontario Announces E-Filing for Small Claims Court

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...


Expert Evidence and the Judge as Gatekeeper

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)....