Kate Genest

Associate | Toronto

416.597.4360

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,...

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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...

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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)....

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