Marc Nicholas Quinn
Ottawa Injury Lawyer
Category Archives: ice lawyers
Can your personal injury lawyer hold discussions with the experts retained to assist in pursuing your Ottawa personal injury case?
The case of Moore v. Getahun (2015 ONCA 55) was recently released by the Ontario Court of Appeal. This was a decision very important to the personal injury lawyers in Ontario. In the lower court decision of this case, the court criticized the practice of lawyers reviewing draft expert reports and holding conversations with and otherwise communicating with experts they retained on their files. In the court’s view, lawyers should not review or comment on draft reports prepared by experts as the views and comments of the lawyer could influence the outcome of the final report. Experts and lawyers were concerned with the comments of the Justice because it is common practice to discuss draft reports with experts and communicate with them. Draft reports are routinely prepared and …
Who bears the onus of proof in personal injury actions? Ottawa accident and injury lawyer summarizes onus principle.
Broadly speaking, is the plaintiff bears the burden of proving the elements of their case. Having said that, on some specific issues, the defendant may have the burden of producing evidence. In civil cases such as personal injury actions the burden of proof is on the plaintiff to prove each element of their case on a balance of probabilities. The concept of the burden of proof can be complicated and difficult to understand as a legal principle. Essentially, the burden of proof covers two main notions, the burden of producing evidence and the burden of persuasion. In terms of producing evidence, the plaintiff has the responsibility of providing sufficient evidence to prove that a fact exists. The plaintiff has the responsibility of providing sufficient evidence to prove that …