Publications

McKercher LLP, Saskatchewan, November 25, 2019 – A participant expert witness has relevant expertise and was involved in the events that underlie the litigation. Participant experts are generally permitted to provide both fact and limited opinion evidence. Occasionally, a participant expert is also a litigant. In Westerhof v Gee Estate, the Ontario Court of Appeal addressed whether the Ontario Rules of Civil Procedure1 relating to...

Kelly Santini LLP, Ontario, November 25, 2019 – Ontario’s Court of Appeal recently clarified in Hunt v Peel Mutual Insurance Company the circumstances in which an insurer has a duty to defend an occupant of a vehicle insured under its policy. Read More

Kelly Santini LLP, Ontario, November 25, 2019 – As of January 1, 2020, the rules governing Simplified Procedure under the Rules of Civil Procedure in Ontario will change. The highlights include: The monetary limit will increase from $100,000.00 to $200,000.00; The time limit for conducting oral examinations will increase from two hours to three; Trials will be limited to five days, by summary trial with...

Donati Maisonneuve, Quebec, November 25, 2019 – Gendron v. CA Transport Inc., 2019 QCCQ 2427. This dispute occurred between Lucie Gendron and Sylvain Motard (hereinafter, “the plaintiffs”) and CA Transport Inc. (hereinafter, “the defendant”) following a fall by Réal Gendron. The defendant tried to counter the action of the defendants by filing an application to dismiss. The main issue involved knowing whether the accident...