Discoveries – Rogers Partners LLP

Compelling Discovery and Striking Pleadings

rpllpadmin — Thu, 28 Mar 2024 14:04:52 +0000

By Riley Groskopf A recent motion was brought at the Superior Court of Justice regarding the producibility of individuals under disability for discovery, and the refusal of a party to do so. The motion decision in Antczak v. Avakian, 2024 ONSC 1715 serves as a good reminder of the fundamental principles for refusing the production […]

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Fridays with Rogers Partners

rpllpadmin — Fri, 20 Oct 2023 19:17:00 +0000

At our weekly meeting, Eli Feldman discussed the recent decision of the Superior Court of Justice in Singh et al. v. Braich, 2023 ONSC 5053, which concerned a motion that followed an examination for discovery gone awry. Background The underlying action arose out of a motor vehicle accident in July 2019. Following the accident, the […]

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Motion to Examine Non-Party Dismissed

rpllpadmin — Tue, 21 Dec 2021 02:10:24 +0000

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 […]

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Virtual Discoveries Likely Here to Stay

rpllpadmin — Thu, 28 Oct 2021 02:10:43 +0000

The decision in Worsoff v. MTCC 1168, 2021 ONSC 6493, deals with a dispute over whether examinations for discovery should take place in person or by videoconference. The plaintiff wanted to examine the defendants’ representatives in person. The defendants objected to this and wanted to proceed by videoconference. Justice Myers indicated that the method of […]

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Time Limit for Simplified Procedure Discoveries

rpllpadmin — Thu, 23 Sep 2021 23:11:52 +0000

In Simplified Procedure actions, a party is limited to conducting three hours of oral examinations, regardless of the number of parties or other persons to be examined. The case of Leask v. Homewood Health Centre Inc., 2021 ONSC 6287, involves a Simplified Procedure action. The defendants permitted the plaintiff’s lawyer to extend the three hour […]

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Fridays with Rogers Partners

rpllpadmin — Fri, 13 Aug 2021 11:55:30 +0000

At our weekly meeting, Pip Swartz discussed the recent decision of the Ontario Superior Court of Justice in Merritt v. London Health Sciences Centre, 2021 ONSC 4351. This decision concerned a motion by the plaintiffs to examine non-parties for discovery, which was heard on June 14, 2021. Facts The motion arose in the context of […]

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Court Denies Request to Examine Non-Parties

rpllpadmin — Wed, 23 Jun 2021 03:00:00 +0000

The court has discretion to order an examination for discovery of a non-party. Before such an order is granted, the court must be satisfied that: the moving party has been unable to obtain the information from other people whom the moving party is entitled to examine for discovery, or from the person the moving party seeks […]

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The Scope of Re-Examination on Discovery

rpllpadmin — Tue, 09 Feb 2021 03:00:00 +0000

By Gemma Healy-Murphy There are many frustrations in the litigation process, the most recent of which crossed my desk during the course of an examination for discovery of an opposing party where at the conclusion of my examination, the opposing lawyer chose to conduct a re-examination of their witness. The Applicable Rules The right of […]

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Fridays With Rogers Partners

rpllpadmin — Fri, 05 Feb 2021 12:58:36 +0000

At our weekly meeting, Chris MacDonald discussed a decision of the Ontario Superior Court, Memelli v. Bhandal, 2021 ONSC 802. In this decision, the court considered a refusals motion brought by the defendant. Facts This case arose from a motor vehicle accident that occurred in 2017. There was evidence to suggest that the plaintiff was […]

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The Relevancy of Social Media – Who Should Decide?

rpllpadmin — Wed, 16 Dec 2020 16:00:51 +0000

By Gemma Healy-Murphy A recent decision of Master Jolley in Smith v. Jarnell, 2020 ONSC 6433, serves as an important reminder to counsel of the nature of questions required to establish the relevance of a plaintiff’s social media page in the context of a personal injury action. In Smith, the onus was on the defendant […]

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