April 28, 2022
In Agaj v. Munroe, 2022 ONSC 2508, the plaintiff proceeded to trial in a motor vehicle accident case without having expert reports addressing the plaintiff’s claim for income loss and medical and housekeeping needs. After the jury was selected, the plaintiff’s lawyer advised the court that he had spoken to unnamed experts who indicated that […]
December 14, 2021
In Meade v. Hussein, 2021 ONSC 7850, the plaintiff attempted to rely on a brain SPECT scan to demonstrate that she sustained a traumatic brain injury in a motor vehicle accident. The defendant’s expert testified that the use of a brain SPECT to diagnose a traumatic brain injury is not supported by the academic community […]
December 13, 2021
Two of our lawyers, Brian Sunohara and Erin Crochetière, participated in a virtual trial from our boardroom last week. The case involves alleged motor vehicle negligence and breach of Charter rights. The trial is anticipated to continue in the early new year. Although conducting a trial by videoconference is not the same as being in […]
November 30, 2021
In the recent trial decision of Legree v. Origlieri, 2021 ONSC 7650, the plaintiff was rear-ended in stop and go traffic. The police and ambulance were called to the scene. The plaintiff did not have a significant pre-accident medical history. As a result of the accident, Justice Fowler Byrne found that the plaintiff sustained the following […]
August 25, 2021
One of the issues in Rumney v. Nelson, 2021 ONSC 5632, was whether the jury should be advised of the statutory deductible in a motor vehicle accident trial. Justice Fowler Byrne confirmed that the jury should not be so advised. Section 267.5(7) of the Insurance Act indicates that damages for non-pecuniary loss shall first be […]
August 19, 2021
By Brian Sunohara Every litigator needs to be familiar with the rule in Browne and Dunn. In Goruk v. Greater Barrie Chamber of Commerce, 2021 ONSC 4046, the court went over the principles of this rule. Overview of the Rule The rule in Browne and Dunn requires a cross-examining lawyer to confront a witness with […]
