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Archive for June, 2015

Plaintiffs’ entitlement to surveillance particulars bolstered, supplementary affidavit of documents requirements muddled

Roger-Chown-Barrie-Lawyer-3In Iannarella v. Corbett 2015 ONCA 110, released February 17, 2015, the Court of Appeal has bolstered the right of plaintiffs to obtain surveillance particulars, but in doing so it seems to have unnecessarily created a serious problem: it held that a party is obliged by a combination of rules 30.06 and 30.07(b) to provide an updated affidavit of documents listing any surveillance reports (and therefore presumably any privileged documents) created after the party’s affidavit of documents has been sworn. Lawyers may be kept busy preparing updated affidavits of documents.

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Roger’s practice is restricted to civil litigation, with a large focus on insurance-related litigation. He represents the interests of insurers, businesses and individuals in diverse claims including injury, property and products liability claims, as well as subrogated claims and business disputes.

Court of Appeal adjusts standard jury charge in rear-end collisions

Mark-Vernon-Barrie-Law-Student-3The Ontario Court of Appeal recently mandated a small adjustment to the standard jury charge in rear-end motor vehicle accidents.[1]  The court also strongly confirmed that when one car runs into another from behind, the driver of the rear car has the onus to satisfy the court that the collision did not occur as a result of his negligence.

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Mark articled with Carroll Heyd Chown LLP and joined the firm as a lawyer following his June, 2014 Call to the Ontario Bar.

While at law school, Mark volunteered with Pro Bono Students Canada, was a peer mentor, won the Harrison Shield moot court competition, and was an integral part of the defensive unit on UNB Law’s 2011 championship intramural flag football team.