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ARTICLE · 10 APRIL 2015

Court Of Appeal Summaries (March 23-27, 2015)

Blaney McMurtry LLP
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Hello. Below are summaries of this week’s Ontario Court of Appeal civil decisions (non-criminal).

CanadaLitigation, Mediation & Arbitration
John Polyzogopoulos
John Polyzogopoulos
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Hello. Below are summaries of this week's Ontario Court of Appeal civil decisions (non-criminal).

Yesterday, the Court release an important decision in Westerhof v Gee Estate, 2015 ONCA 206, in which it confirmed that treating physicians who are involved in the care of the plaintiff or who are retained by insurers to evaluate the plaintiff, are entitled to give evidence on their observations, opinions and conclusions reached during the time of treatment without being classified as expert witnesses. Accordingly, these experts are not litigation experts and, therefore, do not have to deliver an expert report in compliance with Rule 53.03 of the Rules of Civil Procedure. Obviously, this decision will have relevance to situations outside the personal injury or med/mal context, and therefore all litigators should be familiar with it.

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