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Daniel Reisler, the lawyer representing the defendants in the case, says he thinks judges have been particularly tepid to rule on summary judgment motions.
The role of experts in both criminal and civil litigation is continually being refined by the courts, suggests Daniel Reisler, a founding partner at Reisler Franklin LLP in Toronto.
The Appeal decision of Director’s Delegate David Evans in Sadozai and State Farm (P16-00002, February 22, 2017) reinforces the principle that an insured must still prove that a Treatment Plan is reasonable and necessary, even if an insurer fails to respond within the timelines prescribed by section 38(11)2 of the SABS.