The Ontario Court of Appeal recently mandated a small adjustment to the standard jury charge in rear-end motor vehicle accidents. 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.
Plaintiffs’ Entitlement to Surveillance Particulars Bolstered, Supplementary Affidavit of Documents Requirements Muddled
In 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.