At our muffin meeting, we discussed a decision which provides a very helpful summary of several important principles of evidence. In particular, in Schindler Elevator Corporation v. Walsh Construction Company of Canada, 2020 ONSC 433, the court stated: The truth-seeking function of the trial creates a starting premise that all relevant evidence is admissible. To […]
The Court of Appeal released an interesting decision yesterday regarding the need to be fully candid in applications for life insurance. In Mohammad v. The Manufacturers Life Insurance Company, 2020 ONCA 57, the deceased was part of a terrorist group outside of Canada. In 1968, he stormed a civilian aircraft throwing grenades and firing ammunition. At […]
Should a person accused of sexual abuse be permitted to sit in on the examination for discovery of the alleged victim? This issue was considered in G.S. v. K.C., 2020 ONSC 210. C.H. alleged that he was sexually abused by a family member when he was a minor. This was denied by the family member who brought […]
By Brian Sunohara The collateral fact rule is often misunderstood. As indicated by the Ontario Court of Appeal in R. v. A.C., 2018 ONCA 333, the collateral fact rule has “historically suffered from confusion in its application”. In R. v. A.C., the Court of Appeal noted that the collateral fact rule operates to prevent a […]
Sometimes plaintiffs will only agree to attend defence medical exams if they do not have to sign anything or complete any forms. In Coll v. Robertson, 2020 ONSC 383, Justice Grace held that this is improper. His Honour said that, when plaintiffs attend defence medical exams, they must complete questionnaires and sign consents if requested […]
Tom Macmillan discusses the definition of “household” in a recent article that was published in The Lawyer’s Daily. Tom specifically addresses an interesting Court of Appeal decision involving a homeowners insurance policy.