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Monthly Archives: April 2009

Bill 198 Auto Regime Under Review

In Ontario, the Bill 198 regime is the current system governing motor vehicle accidents.  It was effective starting October 1, 2003 and remains today.

As part of the Ontario government’s five year review plan, the Financial Services Commission of Ontario (“FSCO”) has given their March 31, 2009 report to the government for further consideration.

There are 39 recommendations, many of which deal with revision of the Accident Benefits regime.

Various reporting has been done, including the Toronto Star, Canadian Underwriter and other organizations. … Continue Reading

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Please Give Me Your Expert’s File – 162 Emails Included

Case CommentAlfano v. Piersanti (2009 Ontario Superior Court)

Prior to Trial, the defendant’s accounting expert file was provided.  The plaintiff sought further production of the expert’s file, however, on the eve of Trial.

In an earlier ruling, the accounting expert’s time dockets were ordered to be produced not to calculate his fees charged on the file, but to reveal his narrative within those dockets for the purposes of a fuller disclosure of that expert’s file.

Within the time dockets kept by the defendant’s expert, there were 162 docket entries referring to emails exchanged by that expert with the defendant company. … Continue Reading

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