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Posts Categorized: evidence

Instruct Your Experts Well To Protect Their Testimony at Trial

An interesting Judgment in Blake v. Dominion of Canada General Insurance Co., 2013 ONSC 6069 (CanLII),  written by a Judge in an Ontario personal injury case.  This is not a frequent occurence, since most personal injury cases proceed in Ontario by jury and the review of evidence by a Judge tends to be on motions brought by defendants on the pain and suffering (non-pecuniary damages) “threshold” as defined in the Insurance Act.

This is a good read for personal injury litigators, given the review of the medical evidence. … Continue Reading


Car Accident > Left Turning Car Hit by Car Running Through Red Light > Who is at Fault?

Our thanks to Mr. Eric Lai and the Toronto Star Wheels section for allowing us to provide a response in their article dated April 4, 2011, found here.

Readers may be interested in our similar blogs to this topic, including our March 30, 2009 blog and our FAQ page.

Gregory Chang
Toronto Insurance Lawyer… Continue Reading

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Facebook Defence – 1,500 Pages Sought – Personal Injury Lawsuit – Part 5

Three separate plaintiffs suing for damages arising from a dog attack, pursuant to Ontario’s Dog Owner’s Liability Act, had three different Facebook and MySpace accounts containing approximately 1,500 pages of photographs, blogs and emails.

In the 2009 Ontario Superior Court of Justice decision of Kent v. Laverdiere, Master Haberman extensively reviewed the merits of the defendant’s motion for production of the three separate plaintiffs and their social networking profiles, totaling more than 1,500 pages.

The main issue concerning this motion was the extensive nature of production sought (and the number of hours required to properly produce this information) versus the imminent Trial date, set for four weeks after this subject motion.… Continue Reading

Facebook Defence – Give Me Access! – Personal Injury Lawsuits – Part 4

One of the earlier Ontario cases dealing with disclosure of a plaintiff’s Facebook account profile was the 2007 Ontario Superior Court of Justice case of Murphy v. Perger (2007) 67 C.P.C. (6th) 245, in which Madam Justice Rady ordered production of a plaintiff’s Facebook account profile, which was marked as a “private” account but had 366 Facebook “friends” attached.

The defendant, in this productions motion, did not seek access to the email communications contained on the plaintiff’s Facebook account.

The plaintiff solicitor had, prior to this motion, produced pictures of the plaintiff showing her pre-accident activities, in support of her claim post-accident of suffering from fibromyalgia and TMJ (temporomandibular joint) disorder.… Continue Reading

Facebook Defence Strikes Again in Personal Injury Lawsuits – Part 3

You enjoy keeping in touch with family and friends on Facebook.  It is an easy way to stay current with old acquaintances.

Then you are involved in a car accident or slip and fall accident.  You are badly hurt.  Eventually you go to see a lawyer to help you start a lawsuit, as you are unable to work and earn an income.  Your ongoing pain and need to seek medical treatment convinces you that your injuries may be long-term.

You start a lawsuit. … Continue Reading

Disclosure of Your Statement Given to Your Insurer

If you are involved in a car accident, then your insurance company will likely obtain a statement from you as to how the accident occurred and also obtain other background information.

If the other car or people in the accident sue you as a result of that accident, will the material aspects or important points within your statement (to your own insurance company) be revealed in that lawsuit?

That is, the information you give to your insurance company (to defend you in the lawsuit) – will the person suing you learn about that information?… Continue Reading

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