January 04, 2022
In Rocca v. 6131646 Canada Inc., 2021 ONSC 8445, the defendant brought a motion to compel the plaintiff to attend a defence medical examination with a physiatrist. The plaintiff had already attended three defence medical examinations, specifically, by an orthopaedic surgeon, a psychiatrist, and a neurologist. The defendant argued that it required a physiatry expert to […]
December 23, 2021
The decision in Singh et al v. Mann et al, 2021 ONSC 8249, addresses whether a Pierringer Agreement needs to be disclosed. The non-settling defendants sought disclosure of a Pierringer Agreement redacted for quantum. The plaintiffs and the settling defendants argued that the non-settling defendants are only entitled to disclosure of the essential terms of […]
December 21, 2021
In Birhane v. Wong et al, 2021 ONSC 8024, the court dismissed a motion for an oral discovery of a non-party. The plaintiff sued the defendant physicians for medical negligence. A key issue in the lawsuit is whether the plaintiff provided consent for the procedure in question. The plaintiff’s facility with the English language is in […]
December 10, 2021
At our weekly firm meeting, Michael Kryworuk discussed the recent decision of Justice Dunphy in Basaraba v. Bridal Image Inc., 2021 ONSC 8038, which contains important practical advice for parties seeking summary resolution of their matters. History of the Litigation: This decision arose from a summary judgement motion that was brought by the three moving […]
December 07, 2021
In a previous blog post, Meryl Rodrigues discussed the case of Mierzejewski v. Brook, in which the plaintiff was ordered to attend in-person defence medical assessments despite concerns over COVID-19. The plaintiff provided evidence from a treating doctor who indicated that the plaintiff was at high risk to contract COVID-19 and to have a poor […]
November 23, 2021
In Burwash v. Levy, 2021 ONSC 7196, the court ordered production of settlement documentation from two previous actions. In the action in issue, the plaintiff sued several medical assessors and two medical assessment centres, alleging that they interfered with expert opinions in an accident benefits claim, which were relied on by the tort insurer in […]
