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Publications

  • Tips for Preparing your Witness for Discovery

    Dan Dooley spoke at The Advocate’s Society sponsored event “Mastering Winning Discovery Techniques” on October 31st, 2016.   Three scenarios the undisclosed document  The plaintiff is testifying at a personal injury action. Defence counsel has taken the plaintiff through the documentary evidence as disclosed in...

  • Is the “intelligent insurance agent” intelligent enough to avoid liability?

    INTRODUCTION Sabina Zefferino was eligible by her employment to purchase automobile insurance from Meloche Monnex Insurance Company, which offered its services by telephone through employees in a call centre rather than on a face-to-face basis with customers. Ms. Zefferino purchased automobile insurance for herself and...

  • Demonstrative Evidence – Powerful Persuader

    Commentators generally agree on one fundamental point: “Visual, tangible evidence has powerful impact.”[52] No doubt – but there are two sides to the fact that people remember the pictures. Chayko and Gulliver in Forensic Evidence in Canada[53] suggested that “both real and demonstrative evidence are...

  • “Is this an appropriate case for summary judgment?”: A review of the use of summary judgment in personal injury cases since Hryniak

    Daniel Dooley, Erin H. Durant and Saly Botelho Dooley Lucenti Barristers & Solicitors SUMMARY JUDGMENT IN PERSONAL INJURY CASES Daniel Dooley, Erin H. Durant, Saly Botelho The 2010 amendments to Rule 20 of the Ontario Rules of Civil Procedure and the decision of Hryniak v....

  • Coverage Issues for Employment Practices Liability Insurance

    Originally Published in Canadian Defence Lawyers Hearsay (Winter 2015) A growing number of insurers are offering employment practices liability policies as a stand-alone insurance product or as an added endorsement to their commercial general liability policies. Accordingly, there is a growing body of case law...

  • When is an Admission not Admissible? When it is an “Apology”

    Originally Published in The Advocates’ Journal, Fall 2014. A motorist runs a red light and collides with another vehicle. Immediately he exits the vehicle and states “I am so sorry! I caused the accident!” Can the other driver testify about this admission as evidence in...

  • Why spoliation can often be a nasty allegation

    Published in Canadian Underwriter, October 2013 By: Daniel Dooley I am with increasing frequency seeing the allegation of “spoliation” in pleadings, whether in original form or by way of amendment. An accusation of spoliation recently arose at my office. My client was the defendant in...

  • Getting Your Costs Paid – Strategic Considerations

    Dooley Barristers Professional Corporation Barrie, Ontario The Advocates’ Society Tricks of the Trade In Pursuit of Excellence: Practical Tools to Enhance Your Practice January 24, 2014 Toronto, Ontario Getting Your Costs Paid – Strategic Considerations Daniel Dooley and Erin H. Durant, Dooley Barristers Contents Getting...

  • Municipal Liability for Motor Vehicle Accidents

    Published in Canadian Defence Lawyers: Hearsay, December 2013 Daniel Dooley, Erin Durant, Andrew Emery Whenever a motor vehicle accident occurs because of, or is blamed on, slippery conditions, the issue of road authority liability arises. If the plaintiff does not sue the road authority, defence...

  • Opening Statements: Doing it Right

    Daniel Dooley and Erin H. Durant Dooley Barristers Professional Corporation Barrie, Ontario Civil Litigation Skills Certificate Program: Trial from A to Z April 16, 2013 Toronto, Ontario “A huge portion of what [counsel] said after ‘Good morning’ needed remedial attention.” Justice J.Q. Quinn[1] A basketball...

  • Social Hosts / Commerical Hosts / Employers – Liquor Liability

    Daniel Dooley and Erin H. Durant Dooley Barristers Professional Corporation Barrie, Ontario Barrie-Simcoe Insurance Brokers Association Luncheon November 28, 2012 During the holiday season many of us will attend holiday functions where the consumption of alcohol is prevalent and, occasionally, encouraged. Organizations such as Mothers...

  • One Percent Liability; One Hundred Percent Injustice

    Proportionate Liability v. Joint & Several Liability Debate The Advocates’ Society Fall Convention 2012 Nevis, West Indies November 16, 2012 Position Our tort system is “grounded in the primal concept” that “liability is based on fault”.[1] Joint and several liability is a glaring exception. It...

  • Jurisdiction Rule of Law

    “The rule of law”, whatever it is, has recently received far better publicity than has the Government of Canada. Some commentators appear to believe that the rule of law really is a “rule” that gives the judiciary jurisdiction superior to that of Parliament even as...

  • Demonstrative Evidence – Cognitive Overvaluing Search Truth

    People remember the pictures. However, some pictures do not deserve to be remembered. Not in preference to more cogent evidence. Demonstrative evidence is an attention-getter. It can be vivid. It can be memorable. It can transport us back to an event. It is the advocate’s...

  • Insurance Reserves: What are they and how do they work?

    Inadequate pricing and deficient loss reserves have often been a significant factor when Canadian insurance companies have failed.[1] In fact, 14 of the 21 insolvent Canadian insurers over the past 30 years failed due to inadequate pricing, deficient loss reserves or rapid growth.[2] In 1981,...