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Category Archives: Practice and Procedure
Tortfeasor in One Accident Entitled to Claim Contribution from Tortfeasor in Second Accident? We Don’t Think So.
Justice Gerald Day has ruled that a release given by a plaintiff who had settled a claim arising out of one motor vehicle accident also applies to a second action brought by the same plaintiff, consequent upon another car accident. The … Continue reading
Posted in Auto (Tort), Practice and Procedure
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Insurer Wins BI Appeal on All Three Grounds
In a decision that will be of great interest to the insurance industry, the Court of Appeal ordered a new trial in a personal injury action. The defence won on all three grounds of appeal: (a) the trial judge’s refusal to … Continue reading
Posted in Auto (Tort), Practice and Procedure, Tort News
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Guidelines for When Solicitor Will be Removed from Record
In George S. Szeto Investments Ltd. et al. v. Ott et al., Master Robert Beaudoin has provided a very useful “checklist” of factors that a court will consider when deciding whether or not a party’s solicitor should, on motion by … Continue reading
Posted in Insurance News, Practice and Procedure
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C.A. Reverses Judge’s Non-Suit Order, Restores Jury’s $3M Award
The Court of Appeal has just released its decision in Calvin Forest Products v. Tembec Inc. This was a case that was tried in Ottawa last year, before Justice Roydon Kealey and a jury. At the end of the … Continue reading
Posted in Costs, Practice and Procedure
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Litigation Privilege Can Arise Before Demand Made or Lawsuit Commenced
Here’s a case that we missed when it was first released last September. It has just been reported in the Ontario Reports, so the lawyers, judges and masters who subscribe to our Updates will already have seen it. But for the … Continue reading
Posted in Insurance News, Occupier's Liability, Practice and Procedure, Privilege
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Defendant Insurer Awarded Substantial Indemnity Costs from Date of Offer
In a rather unusual ruling, Mr. Justice Herman Siegel has awarded costs on a substantial indemnity basis to a defendant, on the basis that both litigants were commercial parties with substantial resources and access to specialized legal advice. The award … Continue reading
Posted in Costs, Insurance News, Practice and Procedure
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Divisional Court Says Mediator Can’t Be Forced to Testify
In Rudd v. Trossacs Investments Inc., the Divisional Court has ruled that a party to a settlement reached at a mandatory mediation could not examine the mediator as a witness on a subsequent motion seeking rectification of the settlement. Justices … Continue reading
Posted in Evidence, Practice and Procedure
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Homeowners Not Liable for Slip and Fall on Adjacent City Sidewalk
Justice Mary J. Nolan of the Ontario Superior Court dismissed a slip and fall action against homeowners whose property lay next to a municipal sidewalk. In Peterson v. Windsor, The plaintiff had slipped on the sidewalk and sued both the … Continue reading
Posted in Occupier's Liability, Practice and Procedure, Tort News
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Defendant Ordered to Pay Costs of $120,000 in Simplified Rules Action
In actions brought under simplified procedure (also known as “Rule 76” actions), the plaintiff’s claim is generally limited to a maximum of $50,000. Examinations for discovery and pre-trial cross-examinations aren’t allowed. The whole process is supposed to be streamlined so as to reduce … Continue reading
Posted in Costs, Practice and Procedure
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Two Courts Refuse to Overturn Settlements
Two cases today addressed the question of when a settlement is enforceable. One was a Court of Appeal decision: Mohammed v. York Fire and Casualty Insurance Company. The other was a decision of Justice Denis Power of the Ontario Superior … Continue reading
Posted in Practice and Procedure
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