In another case highlighting the use of the new tort of intrusion upon seclusion, the Ontario Court of Appeal held that an individual can sue at common law for the invasion of his or her health records, notwithstanding the remedial and complaint procedures established by the Personal Health Information Protection Act, S.O. 2004, c. 3, […]
In Philip Services Corp. v. Deloitte & Touche, 2015 ONCA 60, the Ontario Court of Appeal considered the application of case-by-case privilege to documents gathered by the Institute of Chartered Accountants of Ontario (the “Institute”) in the course of an investigation of one of its members. The Court held that the documents were not privileged […]
The Court of Appeal has confirmed that lawyers can confer with experts on drafting the expert report. In Moore v. Getahun,[1] the Court concluded that the trial judge erred by finding that it was improper for counsel to confer with an expert witness on a draft report. In a resounding endorsement of the important role […]
Rule 2.1 Stay, Dismissal of Frivolous, Vexatious, Abusive Proceedings Rule 2.1 of the Rules of Civil Procedure provides a new tool for litigators facing claims that are patently frivolous, vexatious, or otherwise an abuse of process. Rule 2.1.01(1) gives the Court the authority to stay such actions on its own initiative, 2.1.01(1) The court may, […]