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Draper v. Jacklyn (1970), S.C.R. 92 (SCC)
Draper is the leading case on the issue of judicial discretion to exclude real evidence in civil matters. The Supreme Court of Canada allowed photographs of the operative procedures performed on a...
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Anand v. Belanger (2010), ONSC 2435
Anand is a recent case which addressed the admissibility of statistical evidence to determine a projected retirement age. The statistical evidence was tendered as two expert reports. Anand remains a...
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Muslija v. Pilot Insurance Co. (1991), 3 O.R. (3d) 378
In Muslija, the court considered whether a party to a civil proceeding can be entitled to more than one Examination for Discovery (ED) of the opposing party. Potts J. found that that the Rules...
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Chorney v. Colwill (1986), 19 C.P.C. (2d) 195 (Ont. H.C.J.) [Chorney]
Chorney is an example where the court granted the moving party a second Examination for Discovery (ED). Chorney was a Family Law Reform Act action by the widow of a man who died in an MVA. The...
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Article 1
Carr is an example of a pedestrian-motor vehicle collision where the defendant driver hit the plaintiff pedestrian in attempting to escape from a dangerous situation created by the pedestrian. Carr...
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Nayar v. Doe (2008) BCSC 1320 (BCSCJ)
In Nayar, the court followed the precedent established in Guiliani v. Saville to find that a plaintiff who put his hands on the hood of the defendant’s vehicle was not contributory negligent when the...
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