Expert Reports: Not great to be late

Expert Reports: Not great to be late

In Lamothe v. Sudbury Trail Plan Association, 2023 ONSC 3176, the Superior Court refused to allow the defendants to deliver late expert reports. The defendants attempted to bring a motion to be granted leave to deliver late expert reports which was opposed by the...
Expert Reports: Not great to be late

ONCA Revisits Mental Health Injuries

The recent Ontario Court of Appeal decision in Bothwell v. London Health Sciences Centre revisited what is necessary for a plaintiff to prove in order to be successful in a mental injury action. Specifically, the Court addressed whether feelings of anger, sadness and...
Timely Notice or You Better Have a Reasonable Excuse

Timely Notice or You Better Have a Reasonable Excuse

Background In Psaila v Kapsalis and City of Toronto, the Court of Appeal upheld the lower Court’s decision to grant summary judgment in favour of the City of Toronto (the “City”).  The facts are quite simple.  The action arises from a motor vehicle accident that took...
SPECT: Its Time Has Not Come

SPECT: Its Time Has Not Come

In a rare challenge to exclude scientific evidence as unreliable in a civil case, Justice Bale found SPECT scans do not meet the reliability foundation test for novel scientific evidence, in the recent decision of Meadev. Hussein, 2021 ONSC 7850. According to the...