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Westerhof v. Gee Estate [2015] ONCA 206

Westerhof v. Gee Estate [2015] ONCA 206 Decided March 26, 2015 “All witnesses with special skill or training and who observed or were involved in the underlying facts of the case are permitted to proffer evidence as witnesses at trial without signing the Rule 53 Compliance Form.” Ontario Court of Appeal The Plaintiff was injured […]

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Sanofi Pasteur Limited v. UPS SCS Inc. [2015] ONCA 88

Sanofi Pasteur Limited v. UPS SCS Inc. [2015] ONCA 88 Decided February 9, 2015 “A covenant to insure is binding on the signatories and other defendants up to the policy limits.” Ontario Court of Appeal The Defendant, UPS, stored vaccines of the Plaintiff Sanofi in a dedicated, temperature-controlled warehouse. In their contractual agreement, Sanofi agreed […]

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Moore v. Getahun [2015] ONCA 55

Moore v. Getahun [2015] ONCA 55 Decided January 29, 2015 “Consultation and collaboration between counsel and experts is permitted to ensure that expert witnesses understand their duties as an expert.” Ontario Court of Appeal The Plaintiff argued that the Defendant orthopaedic surgeons fell below the standard of care by having a cast applied to a […]

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Fernandes v. Penncorp Life Insurance Co. [2014] ONCA 615

Fernandes v. Penncorp Life Insurance Co. [2014] ONCA 615 Decided March 22, 2013 “Mental distress damages are compensatory, not punitive. An award which was four times that requested by the respondent was markedly reduced as it could only be described as punitive.” Ontario Court of Appeal The Respondent, Fernandes, was bricklayer who could no longer […]

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