What is the practical impact of a modified procedure in a personal injury case?

Ontario, Canada


The following excerpt is from Pettit v. The Corporation of the City of London, 2015 ONSC 125 (CanLII):

Such practical concerns were underscored in Campbell v. Jones, [2001] N.S.J. No. 595 (S.C.), wherein the court emphasized that an important factor in deciding whether to adopt such a modified procedure is careful consideration of “how cleanly the plaintiff’s evidence can be divided as between the issues proposed to be addressed during the plaintiff’s case and those proposed to be addressed in rebuttal”. In particular, “potential for confusion must be regarded where a procedure may follow burden and the order of witnesses and evidence may shift back and forth”.

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