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Posts Categorized: production of documents

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

Ontario Accident Benefits (SABS) – The Role of Doctors and Their Medical Assessments

If you are injured in a car accident in Ontario, you will likely have access to Ontario’s no-fault insurance benefits plan, which is the Statutory Accident Benefits Regime (SABS) or more commonly referred to as “Accident Benefits”.

When you claim Accident Benefits, you likely will be asked to undergo a medical assessment by a doctor or medical practitioner to evaluate your condition and provide an opinion as to your entitlement to Accident Benefits.

If you are assessed by a medical doctor at the request of the Accident Benefits insurer, is that doctor an expert or a fact witness?… Continue Reading

Please Give Me Your Expert’s File – 162 Emails Included

Case CommentAlfano v. Piersanti (2009 Ontario Superior Court)

Prior to Trial, the defendant’s accounting expert file was provided.  The plaintiff sought further production of the expert’s file, however, on the eve of Trial.

In an earlier ruling, the accounting expert’s time dockets were ordered to be produced not to calculate his fees charged on the file, but to reveal his narrative within those dockets for the purposes of a fuller disclosure of that expert’s file.

Within the time dockets kept by the defendant’s expert, there were 162 docket entries referring to emails exchanged by that expert with the defendant company. … Continue Reading

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The Key to a Strong Lawsuit? Evidence, evidence, evidence.

Case Comment – Carleton v. Beaverton Hotel (2009 Ontario Superior Court)


In real estate, the key to success is often described as “location, location, location”.  In personal injury lawsuits, having evidence to support your claims is fundamental in building your lawsuit.


So what happens if a plaintiff seeks damages for a large future income loss (i.e. alleging an inability to earn as much in the future because of the injuries suffered in the accident) but cannot provide evidence showing how and where he made his money before the accident? … Continue Reading

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I Want Your Expert’s File (please)

Case Comment – Ramer Builders Supplies (Toronto) Ltd. v. Leva (2009 Ontario Superior Court of Justice)

Can your expert’s file, despite your claim of litigation privilege, be produced based on questions asked at Discovery?  The answer in Ramer Building Supplies was “yes”.  Mr. Justice Fragomeni ordered production of the plaintiff expert’s draft report and the expert’s meeting notes (made while meeting with the plaintiff).

It was ordered pursuant to Rule 31.06 of Ontario’s Rules of Civil Procedure.  It follows Aviaco International Leasing Inc.Continue Reading

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