Publications

Introduction In civil litigation, there are a number of motions which counsel and law clerks can expect to regularly encounter. Preparation for these motions is usually within the purview of the law clerk, who is generally responsible for all correspondence…

By Richard Bogoroch

September 23, 2005

V. Expert Evidence: When Admissible22 Four criteria known as the “Mohan test”23 must be satisfied in order for expert opinion evidence to be admissible. A. Necessity in assisting the trier of fact. B. Relevance. C. A properly qualified expert. D. The…

Pleadings are an art form. As Plaintiff’s counsel, the Statement of Claim allows you an opportunity to frame the story your client wishes to tell. Done well, a Statement of Claim acts as an important tool of persuasion and establishes…

The role of cross-examination is to weaken or discredit the testimony of the opposing witness and to obtain from that witness testimony favourable to your case. How can this be accomplished? “You will cross-examine the other side’s witness only to…

Lawyer Richard Bogoroch, who will speak at the next MFS support group session May 24, has successfully fought a number of civil cases for fibromyalgia syndrome (FMS) and chronic pain patients against insurance companies over the past decade. “Nothing shows…

In October 2003, the Ontario government passed Bill 198, significantly changing automobile insurance claims. In particular, Bill 198 raised the threshold for non-pecuniary loss claims in tort … While the new threshold permits insurers to attempt to deny more claims…

This paper was presented as part of the Canadian Institute program entitled “Litigating Personal Injury Damages”. The claims for emotional distress are among the most challenging and difficult for the litigator. Emotional distress refers to mental or psychological trauma and…

This paper was presented as part of the Advocates’ Society’s program entitled “Hurricane Season in Auto Insurance: Practical Strategies to Ensure your Backyard is not a Disaster Area”. Bill 198 has and will continue to dramatically alter the landscape of…