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Last updated March 16, 2012

C.A. discusses "damage" vs. "damages"
Says limitation period starts to run from date damage, not damages, discovered.

Costs of undertakings motions
Master MacLeod discusses the appropriate procedure for motions to compel compliance with discovery undertakings, including the costs that should be payable.

C.A. says GasTOPS case took too long
Appeal and cross-appeal were dismissed and Court of Appeal criticized 3 1/2 year trial, conducted electronically.

Plaintiff given leave to examine defendant under Rule 39.03 in response to defendant's motion to strike claim

Justice Smith adjusts hourly rates for inflation in Rules Committee's "Information for the Profession"
Partial indemnity rates of $335 and $200 per hour were allowed for costs of a motion. The rates were for two lawyers, both with less than ten years' experience. Smith J. adjusted upwards the maximums recommended by the Rules Committee, in part to adjust for inflation.

Healey J. grants leave to appeal on right to examine for discovery second representative of corporate party

Brown J. discusses waiver of privilege in context of applications

Opinion evidence: is there an "ordinary work" exception?
Some recent cases suggest ways around having to serve experts' reports under Rule 53.03.

Family doctor can testify on standard of care in medical malpractice case
To date, the debate as to whether treating physicians can testify as experts has been restricted to the issue of damages. Now, it's been extended to the issue of liability.

Master Dash orders production of defence liability apportionment agreement in Moore v. Bertuzzi
The Master was critical of the failure by defendants and a third-party, to disclose a proportional liability sharing agreement and ordered its production.

Court dismisses occupier's liability claim on basis that occupier need not sanitize environment to negate all risk
Justice Goodman granted summary judgment, saying standard of care for occupiers "requires neither perfection nor unrealistic or impractical precautions against known risks ".

Superior Court says AB lawsuits can proceed despite mediation not having taken place
The court dismissed the insurers' motions to dismiss four actionsfor statutory accident benefits where no mediations had been held due to FSCO backlogs.

C.A. says "No" to compound interest on accounts of expert witnesses
The court rejected the argument that allowing a party to recover compound interest on fees charged by experts was an "access to justice" issue.

Is there a presumption that commercial plaintiffs are entitled to compound interest on their damages?
Justice Newbould says it should be presumed that the corporate plaintiff would have made the most beneficial use of the damages and that therefore, compound interest should be awarded. Should it?