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John has been the editor of Blaneys Appeals since the inception of the blog in the Summer of 2014. He is a partner at the firm with almost two decades of experience handling a wide variety of litigation matters. John assists clients with matters ranging from appeals, to injunctions, to corporate, breach of contract and other business litigation, to estates and matrimonial litigation, and to debtor-creditor and insolvency litigation. John also represents amateur sports organizations in contentious matters and advises them in matters of internal governance. John can be reached at 416-593-2953 or jpolyzogopoulos@blaney.com.

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Good evening.

Following are the summaries for this past week’s civil decisions of the Court of Appeal for Ontario.

In Dermann v. Baker, 2019 ONCA 584, the Court considered the qualifying of certain witnesses as experts for the purposes of r. 53.03 of the Rules of Civil Procedure, the standard of review for a trial judge’s charge to the jury in a civil trial, and costs assessments in the context of payments made in advance, and offers to settle. On the first issue, the Court held that r. 53.03 has no application to non-party experts as long as their opinions are limited to those formed based on observations made for a purpose other than litigation. On the second issue, the Court found that a new trial will not be ordered on the basis of a misdirection in a charge unless the error leads to a substantial wrong or miscarriage of justice. Finally, on the third issue, the Court held that r. 49.10(2) of the Rules of Civil Procedure has no application where the plaintiff is awarded a nil judgment.


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