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Category Archives: Insurance News
Court Agrees that Limitation Period for Pre-2004 Loss Transfer Claim is Six Years
In Lloyd’s Underwriters v. The Dominion of Canada General Insurance Company, Mr. Justice George Strathy upheld a ruling by arbitrator Bruce Robinson, who had determined that the limitation period for a “loss transfer” claim under s. 275 of the Insurance … Continue reading
Posted in Auto, Insurance News
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Must Insurer Maintain “Firewall” Between Tort and No-Fault Claims?
In Trecartin v. Pilot Insurance Company, Mr. Justice George T. Valin considered the position of an insurer defending both a tort action and an accident benefits claim brought by the same plaintiff. In the no-fault action, the insurer, Pilot Insurance, was … Continue reading
Posted in Auto, Collateral Benefits, Discovery, Insurance News, Practice and Procedure, Privacy, Privilege
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Divisional Court Orders New Trial After “Offensive” Jury Address of Defence Counsel
In Abdallah v. Snopek, the Divisional Court, by a margin of 2-1, ordered a new trial of a personal injury action arising out of a motor vehicle accident. The decision opened with the often-quoted words, “[a] jury trial is … Continue reading
Posted in Insurance News, Juries, Threshold, Trial Procedure
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Master MacLeod Proposes Guidelines for Solicitors’ Affidavits
In Mapletoft v. Service, Case Management Master Calum MacLeod decided a motion for summary judgment in a motor vehicle case. The defendant argued that the action had been commenced after the expiry of the limitation period. Our office opposed the … Continue reading
Posted in Auto, Discoverability, Evidence, Insurance News, Limitation Periods, Practice and Procedure, Threshold
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Power J. Rejects Insurer’s Constitutional Challenge to Court’s Power to Dismiss Civil Juries
In Legroulx v. Pitre, Mr. Justice Denis Power had to consider whether Rule 47.07 of the Rules of Civil Procedure, which permits a court to strike a jury notice on the ground that the action ought to be tried without … Continue reading
Posted in Auto, Insurance News, Juries
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C.A. Rejects Insurer’s Interpretation of “Anti-concurrent causation” clause
Addendum: On July 31, 2008, the Supreme Court of Canada refused leave to appeal from the decision of the Court of Appeal that was discussed in this post. In Appin Realty Corporation Limited v. Economical Mutual Insurance Company, the Court … Continue reading
Posted in CGL, Duty to Defend, Exclusions, Insurance News
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Thunder Bay Judges Don’t Want to See Pyramids
There’s something afoot among the judges in Thunder Bay. Madam Justice Helen Pierce and Mr. Justice George Smith, colleagues on the Superior Court in that city, have both released rulings in which they have complained about what they call “pyramid billing”. This … Continue reading
Posted in Costs, Insurance News
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Court Reverses Master’s Finding of “Special Circumstances” (But No Mention of s. 21(1) of Limitations Act, 2002)
Regular readers will remember numerous prior posts in which we have puzzled over the fact that despite the 2004 enactment of the Limitations Act, 2002, so many cases are still being argued on the basis of the common law power … Continue reading
Posted in Auto, Insurance News, Limitation Periods, Practice and Procedure
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Judge Upholds Master’s Refusal to Order Plaintiff To Undergo IME Involving “Adjunctive Testing”
Scissons v. Lajoie is scheduled to go to trial on May 12, 2008. The action, arising out of a 1999 MVA, has apparently had a long and somewhat tortured life, having been administratively dismissed twice. The amount claimed exceeds the defence policy … Continue reading
Posted in Discovery, Insurance News, Practice and Procedure
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Court Orders Home Insurer to Defend Claim Arising Out of ATV Accident
In Economical Insurance Group v. Fleming, Mr. Justice Keith A. Hoilett heard an application brought by Economical Mutual Insurance, for a declaration that it owed no duty to defend its insureds against a claim brought on behalf of a teenaged … Continue reading
Posted in Duty to Defend, Insurance News
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