Can a Plaintiff Avoid Discovery Due to Medical Reasons?
Can a plaintiff avoid attending discovery or an independent medical examination due to anxiety or an inability to respond to questions appro...
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Showing posts with label examination for discovery. Show all posts
Showing posts with label examination for discovery. Show all posts
Litigation Privilege Protects Adjuster's File
When does litigation privilege arise in tort claims? Panetta v. Retrocom , 2013 ONSC 2386 (S.C.J.) In this slip and fall action, there was a...
Videotaping Examinations for Discovery
In what circumstances will a court permit examinations for discovery to be videotaped? J.M. v. Clouthier , 2013 ONSC 155 (S.C.J.) This acti...
Examination for Discovery: Attendance of Parties
When a party has selected an individual to be examined on behalf of a corporation, is another corporate representative entitled to attend to...
Production of Statements Made Following an Accident
A recent motion decision deals with two issues that can arise in defending claims: the extent of litigation privilege with respect to statem...
Police Personnel File Not Subject to Production
Andrushko v. Ontario , [2011] O.J. No. 3693 (Div. Ct.) This decision will be of interest to those defending claims against police officers. ...
Information contained in written statement insured gave to insurer – is the insured required to provide this information at examination for discovery?
In Sangaralingam v. Sinnathurai , [2011] ONSC 1618 , when examining the defendant for discovery, counsel for the plaintiff requested that th...
Proportionality in Discovery
Master Short recently conducted an exhaustive review of the principles of proportionality in discovery. In Warman v. National Post (2011), ...
No obligation to seek clarification of a non-party witness
Arunasalam v. Guglietti Estate , [2010] O.J. No. 3303 (S.C.J.) The question to be answered in this motion with respect to refusals on examin...
Are SABS assessors "experts"?
Those of you defending accident benefits actions may wish to review this case before your next discovery. Babakar v. Brown (2010), 100 O.R. ...
Discovery by Videoconference
Midland Resources Holdings Ltd. v. Sharif (2010), 99 O.R. (3d) 550 (S.C.J.). In this case, the plaintiff was living in Moscow and had a medi...