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Category Archives: Practice and Procedure
C.A. Finds that Award for Loss of Competitive Advantage Does Not Attract Prejudgment Interest
In our February 2, 2007 post about Cerilli v. City of Ottawa, we noted that the trial judge had awarded prejudgment interest on damages for loss of competitive advantage. We noted that in at least one other case, the trial … Continue reading
Posted in Damages, Practice and Procedure
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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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Important Ruling on Litigation Privilege
In what appears to have been a longstanding battle between Coseco Insurance Company and one of its insureds, Mr. Justice John Macdonald has released an important decision on the issue of litigation privilege. He dismissed the insurer’s appeal from a master’s … Continue reading
Posted in Discovery, Insurance News, Practice and Procedure, Privilege
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Cheifetz Comments on “Joint Tortfeasors” vs. “Concurrent Tortfeasors” Who Are Jointly Liable
David Cheifetz, author of the well-known text, Apportionment of Fault in Tort and of numerous articles in legal journals, is a frequent commentator about posts on this site. Today, he sent us a comment about the recent decision of the … Continue reading
Posted in Practice and Procedure, Tort News
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Court Holds That Defendant Entitled to See Complete Copies of Affidavits Filed on Motion for Court Approval of Settlement
Burns Estate v. Falloon addressed an issue that was raised at the recent Montebello Civil Litigation conference: on a motion for approval of the settlement of a claim by a person under a disability, is the defence entitled to be served with unexpurgated … Continue reading
Posted in Practice and Procedure, Privilege
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Rule 49 Puzzle
Chaston v. Rathour shows that it can be tricky to figure out the costs consequences of offers to settle under Rule 49 of the Rules of Civil Procedure in cases involving multiple defendants. (Actually, the reasons of Mr. Justice David S. … Continue reading
Posted in Costs, Practice and Procedure
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Court Holds That Plaintiff’s Rule 49 Offer Must Take Into Account Future Accident Benefits
Abel v. Hamelin Costs Reasons Our post about the Montebello Civil Litigation Conference contained a brief discussion of a recent costs decision by Mr. Justice Charles Hackland in Abel v. Hamelin. We now have a copy of the reasons and … Continue reading
Posted in Auto, Auto (Tort), Costs, Insurance News, Practice and Procedure
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Report From Montebello (2007)
The 2007 edition of the Montebello Civil Litigation Conference has ended. Our Heather Williams is the conference co-chair and Susanne Sviergula is on the organizing committee. The conference featured numerous visiting guests, each of whom lavished praise on the conference … Continue reading
Posted in Auto, Costs, Insurance News, Juries, Practice and Procedure
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Osborne Report on Civil Justice Reform Released
Former Associate Chief Justice Coulter Osborne has released his Civil Justice Reform Project. He is scheduled to address the Montebello Civil Litigation Conference tomorrow and the Attorney-General is to speak at the conference today. The report can be viewed here. … Continue reading
Posted in Practice and Procedure
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