Marc Nicholas Quinn
Ottawa Injury Lawyer
Category Archives: ottawa slip and fall 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 …
What happens if your Ottawa personal injury action is dismissed administratively by the Court? Is it the end of the road?
In a recent case decided by the Divisional Court, the issue of administrative dismissals was addressed. In MDM Plastics Limited v. Vincor International Inc., 2015 ONCA 28, the Plaintiff’s case was dismissed by order of the Court registrar for a second time. While this case was not related to a personal injury matter per se, the decision nevertheless applies to personal injury actions in Ottawa and throughout Ontario. The plaintiff’s court action was dismissed once by the court registrar for delay pursuant to Rule 48.14(4) of the Rules of Civil Procedure. The plaintiff acted quickly and obtained the consent of the defendant to an order setting aside the dismissal order. However, several months later, the action was again dismissed administratively by the registrar on the basis of delay. …