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46 O C T O B E R 2 0 1 8 w w w . c a n a d i a n l a w y e r m a g . c o m Act. Bridgepoint then partnered with Omega General Insur- ance Company, to offer the coverage through them, in 2017. Now, a variety of policies is available from many different insurers. Courts have ruled that when a client buys cost insurance and is not covered under a policy owned by the law firm, the existence of the policy needs to be disclosed during discovery. Knowledge of the insurance can have a significant impact on a defendant's trial strategy, says Mark Har- rington, head of Torkin Manes LLP's insur- ance defence group. If the defendant knows there is money to be had if they win, they may be more intent on trial as opposed to settling, he says. It also works in the alternative way, he says, as knowing the plaintiff can afford the trial could encourage the defendant to settle. But there is disagreement as to whether their coverage should be subject to disclosure. "Some plaintiffs believe they have an obligation to disclose it . . . Some plaintiff lawyers are taking the position that they don't have to," Harrington says. Disclosure was dealt with in Abu-Hmaid v. Napar. Mas- ter Donald Short wrote in the decision that the question of disclosure had "inconsistent possible approaches" because of its different implications depending on circumstances. Short referred to Rule 30.02.3 of Ontario's Rules of Civil Procedure. "A party shall disclose and, if requested, produce for inspection any insurance policy under which an insurer may be liable, (a) to satisfy all or part of a judgment in the action; or (b) to indemnify or reim- burse a party for money paid in satisfaction of all or part of the judgment," the rule states. Short wrote that the insur- ance policy is only admissible if it is relevant to an issue in the action and that he was "of the view that the existence of such protection is relevant," he wrote. But it is the existence of the policy, not the details in the policy, that are relevant, the specifics of the policy having "no probative value," wrote Short, who directed the plaintiff to disclose whether they had a policy in place. But in Jamieson v. Kapashesit, defendants moved to have the plaintiffs produce their adverse cost insurance policy, citing Abu- Hmaid and the Rules of Civil Procedure, and the judge ruled against them. The policy covering the plaintiffs was a blanket policy, bought by their counsel's firm, covering all clients. "Some plaintiffs believe they have an obligation to disclose it . . . Some plaintiff lawyers are taking the position that they don't have to." Mark Harrington, Torkin Manes LLP L E G A L R E P O R T The classic text on the law of evidence Available risk-free for 30 days Online: store.thomsonreuters.ca Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Order # L7798-8655-65203 $172 Softcover approx. 1240 pages August 2018 978-0-7798-8655-5 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. This text is renowned for its clear, critical analysis of fundamental concepts and principles, insightful commentary, and thought-provoking problem scenarios. This work also includes texts and excerpts from leading cases, making it a comprehensive resource for both law students and practitioners. Thoroughly re-edited and updated, Evidence: Principles and Problems, Twelfth Edition includes the following major new rulings: • Villaroman, circumstantial evidence; rule in Hodge's case • Bradshaw, corroboration for hearsay admissibility • Bingley, drug recognition experts • Durham Regional Crime Stoppers, informer privilege • Barton, sexual assault stereotypes and dated jury instructions • Brissard, motive in sexual assault cases • Nero, spousal privilege • Hirsch, Facebook messages • Abbey (no. 2), expert evidence • Falconer, admissions • MacIsaac, collateral facts Attention is also given throughout to many significant rulings by trial judges, including the sexual assault acquittal in Ghomeshi and Parliament's response in Bill C-51. New Edition Evidence: Principles and Problems, Twelfth Edition The late Ron Delisle, Don Stuart, David M. Tanovich, and Lisa Dufraimont © 2018 Thomson Reuters Canada Limited 00253EO-93685-NP

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