Trials – Rogers Partners LLP

Fridays with Rogers Partners

rpllpadmin — Fri, 07 Jul 2023 22:52:00 +0000

At our weekly meeting, Katrina Taibi discussed a recent decision of the Ontario Superior Court of Justice. Overview: The Court considered whether an action for loss of competitive advantage (“LOCA”) should be dismissed by way of a non-suit motion or by declining to put the question to the jury. Background Facts: The plaintiff was riding […]

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Trial by Stopwatch: A Warning from the Court of Appeal

rpllpadmin — Wed, 31 May 2023 21:20:49 +0000

By Michael Kryworuk In Interhealth Canada Limited v. O’Keefe, 2023 ONCA 368, the Ontario Court of Appeal considered an appeal by the plaintiff, Interhealth Canada Limited (“Interhealth”), of a decision by the Ontario Superior Court of Justice. While the case was appealed on both substantive and procedural grounds, this blog post will focus primarily on […]

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Brian Sunohara and Erin Crochetière Win Trial

rpllpadmin — Tue, 22 Nov 2022 12:35:50 +0000

Congratulations to Brian Sunohara and Erin Crochetière for their success at a recent trial! The decision was released yesterday. The case of Leendertse v. His Majesty the King in Right of Ontario, 2022 ONSC 6395, involves an accident where the plaintiff was riding a bicycle and was struck by a police SUV. The plaintiff sued […]

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Cross-Examination on Criminal Charges Not Permitted

rpllpadmin — Tue, 25 Oct 2022 06:00:00 +0000

In Rana et al v. Ramzan et al, 2022 ONSC 5669, a witness called by the defendants denied in examination-in-chief ever being convicted of a criminal offence. In cross-examination, plaintiffs’ counsel sought to cross-examine the witness on information contained in a document which indicated that the witness had been charged with fraud. Justice Daley stated: […]

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Late Service of Expert Reports Now Being More Closely Scrutinized

rpllpadmin — Thu, 28 Apr 2022 16:30:15 +0000

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 […]

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Brain SPECT Ruled Inadmissible at Trial

rpllpadmin — Tue, 14 Dec 2021 03:00:00 +0000

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 […]

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Virtual Trial at Rogers Partners

rpllpadmin — Mon, 13 Dec 2021 01:10:33 +0000

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 […]

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Damages in Chronic Pain Trial

rpllpadmin — Tue, 30 Nov 2021 16:09:49 +0000

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 […]

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Court Confirms Jury Not To Be Advised of Statutory Deductible

rpllpadmin — Wed, 25 Aug 2021 21:05:20 +0000

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 […]

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The Rule in Browne and Dunn

rpllpadmin — Thu, 19 Aug 2021 03:00:00 +0000

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 […]

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