Background: A complicated action was proceeding in Ottawa before Justice Denis Power and a jury. The plaintiff’s injuries, arising out of a car accident, raised difficult issues of causation and required that complex medical evidence be heard. The plaintiff’s lawyers considered the medical issues were too complex for the jury and brought a motion to […]
It has been said many times that the introduction of the Rules of Civil Procedure in January 1985 was designed to broaden the scope of documentary and oral discovery. An important, and perhaps overlooked, facet of the Rules is the right to obtain the identity of persons who might have knowledge of the matters in issue. Rule
The Use Of Rule 31.06(2) In Medical Malpractice Cases Read More »
The purposes of an examination for discovery have been well described by Mr. Justice Trainor in Ontario Bean Producers Marketing Board v. W.G. Thompson & Sons (1981), 32 O.R. (2d) 69 (H.C.J.) as: (1) to enable the examining party to know the opponent’s case; (2) to obtain admissions in order to dispense with formal proof or destroy
Controlling Your Witness And Getting Admissions On Examination For Discovery Read More »
Background Omer had been working for Air Canada for ten years, doing a job he loved as an airline mechanic, when the company claimed he had abandoned the job. Following an altercation with a co-worker, Omer was off work suffering from depression. Both he and the co-worker had been suspended, but Omer considered this was
Omer’s Case: Labour Law, Wrongful Dismissal and Duty to Accommodate Read More »
Background: Patrizia was driving to work early on a snowy morning in April. The roads in Milton were snow covered and slippery. Weather forecasts from the day before predicted an 80% chance of snow, yet the Town of Milton had not scheduled an evening patrol to monitor the roads and clear the snow. Tragically, as
Patrizia’s Case: Appeals, Civil Litigation, Negligence and Minimum Maintenance Standards Read More »
Background: F.A. worked in a medical facility with a much younger female co-worker. There was flirting between them. They went out together one evening, meeting up in a park and later driving around in F.A.’s car. He said he had a surprise for her at the office so they parked close by. Instead of going
F.A.’s Case: Criminal Law, Appeals, Sexual Assault and Ineffective Assistance of Counsel Read More »
Background: Heather suffered serious medical problems from mould and other toxins present in Government owned housing in which she resided in the 1980’s. She hired a law firm to represent her in the proceeding. Unfortunately, they failed to take action within the limitation period for doing so, with the result that Heather had to seek
Heather’s Case: Appeals, Civil Litigation, Personal Injury and Rules of Civil Procedure Read More »
Background: Clare had been working for General Motors for 23 years before his termination. The company claimed that he had threated a supervisor after being told that a urine sample he had given was diluted. Clare denied the allegation and asked the Union, Canadian Auto Workers Local 222, to grieve the termination. He communicated frequently
Clare’s Case: Labour Law, Duty of Fair Representation and Ontario Labour Relations Board Read More »
For as long as anyone can remember, judges have had a discretion to strike out a jury where the complexities of the case warrant it, the rationale being that judges are better able by training and experience to understand and process difficult issues. The Administration of Justice Act, 1877, section 255, provided that: “Notwithstanding anything in
Is There a Constitutional Right to a Jury in Civil Cases? Read More »
Canadians are justifiably proud of the integrity of their judicial officers. The removal of a Federally appointed Superior Court judge for misconduct is exceedingly rare. There has been only one such instance in Canadian history, dating back to 1967. On December 3, 2008, the Canadian Judicial Council, by a vote of 17-4, decided not to
The Quality of Mercy and the Case of Justice Ted Matlow Read More »
