Evidence – Rogers Partners LLP

Fridays with Rogers Partners

rpllpadmin — Fri, 06 Dec 2024 18:37:00 +0000

At our weekly meeting, Heera Sen discussed a pre-trial evidentiary ruling in Wasylyk v. The Corporation of Simcoe County, 2022 ONSC 4458. Justice Casullo ruled that photographs of the accident scene, enhanced by a forensic photographer, were admissible at trial. Background of the Case Ms. Wasylyk, the plaintiff, lost control of her vehicle on Simcoe […]

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Fridays With Rogers Partners

rpllpadmin — Fri, 02 Sep 2022 19:24:00 +0000

At our weekly Friday meeting, Nasra Esak discussed the Ontario Superior Court’s trial decision in Wabie v. Wilson, 2022 ONSC 4296. Overview The plaintiff, Ms. Waibe, was injured in a motor vehicle accident on August 20, 2014. She later commenced an action against the other driver, claiming damages for injuries to the neck, back, shoulder, […]

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A Cautionary Tale: The Consequences of Eliciting Previously Undisclosed Opinions from Participant Experts

rpllpadmin — Thu, 25 Nov 2021 00:47:59 +0000

By Suganiya Sivabalan In its recent decision in St. Marthe v. O’Connor, 2021 ONCA 790, the Ontario Court of Appeal provided guidance on the boundaries of appropriate expert evidence at trial, particularly evidence from participant experts. Background The plaintiff in this action was injured in a motor vehicle accident in November of 2011, in which […]

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Four Expert Issues From Trial

rpllpadmin — Tue, 28 Apr 2020 11:10:15 +0000

In Sit v. Trillium Health Centre, 2020 ONSC 2458, Justice Trimble addressed several issues related to expert evidence at trials. Expert Report as an Aide Memoire Justice Trimble confirmed that, unless a medical report is tendered as a medical expert’s evidence-in-chief in place of oral testimony, the report has no evidentiary value. The only admissible evidence […]

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Ontario Court of Appeal Addresses Important Trial Practice Issues

rpllpadmin — Mon, 27 Apr 2020 11:33:06 +0000

By Brian Sunohara In Girao v. Cunningham, 2020 ONCA 260, the Ontario Court of Appeal addressed several important issues regarding trials, particularly in personal injury actions. These issues include the use of joint document books; introducing evidence of participant experts and non-party experts; the distinction between section 35 and section 52 of the Evidence Act; […]

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Surveillance and Social Media Evidence

rpllpadmin — Mon, 03 Feb 2020 03:30:28 +0000

Brian Sunohara spoke at the The Advocates’ Society’s Tricks of the Trade conference. It was a great event with hundreds of attendees. Brian presented on surveillance and social media evidence at trial. Brian was co-counsel in the Ontario Court of Appeal’s latest decision on this topic, Nemchin v. Green. Based on this decision, surveillance will likely be […]

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Fridays With Rogers Partners

rpllpadmin — Fri, 31 Jan 2020 10:00:53 +0000

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 […]

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What is the Collateral Fact Rule?

rpllpadmin — Tue, 28 Jan 2020 03:55:35 +0000

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 […]

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Similar Fact Evidence

rpllpadmin — Tue, 14 Jan 2020 12:01:12 +0000

Plaintiffs sometimes attempt to rely on similar fact evidence to prove liability. Similar fact evidence is evidence of past misconduct of a defendant for the purpose of inferring that the defendant is liable for the incident in question. Similar fact evidence was addressed in the recent decision of SecurityInChina International Corp. v. Bank of Montreal, […]

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Test to Re-open Case at Trial

rpllpadmin — Mon, 06 Jan 2020 10:42:00 +0000

The decision in Loye v. Bowers, 2019 ONSC 7143, involved a jury trial in a personal injury action. Through inadvertence, the plaintiff did not enter his income tax returns into evidence before closing his case. The plaintiff brought a motion to re-open his case. Justice J.R. Turnbull took into account the factors outlined by the Court of Appeal in Malkov v. […]

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