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Category Archives: Auto
C.A. Dismisses Appeal from Jury’s Causation Finding in MVA Case
Charge of Sproat J.pdf [UPDATE: Mr. Justice Sproat’s charge to the jury on the issue of causation has been added to this post in the link immediately above. Thanks to David Cheifetz, who received a copy of the charge from plaintiff’s … Continue reading
Posted in Auto, Insurance News, Juries, Threshold, Trial Procedure
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C.A. Says Auto Insurer Can Question Insured Under Statutory Condition and Can Examine Him for Discovery
In Baig v. The Guarantee Company of North America, the Court of Appeal allowed an appeal from a decision of Justice Gordon, in which he had held that an auto insurer could not require its insured to submit to an … Continue reading
Posted in Auto, Insurance News
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C.A. Says Go-Kart in Pineland Amusements Is Not an “Automobile”
Today, the Court of Appeal released its decision in Adams v. Pineland Amusements Ltd. The first line of the decision sums up the ruling: “This appeal decides that a go-kart operated on a private track is not an ‘automobile’ within the … Continue reading
Posted in Auto, Insurance News
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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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Soft Tissue Injury Found to Meet Bill 59 Threshold
Podleszanski v. Medley was a personal injury action arising out of a motor vehicle accident. Mr. Justice Alan W. Bryant ruled on a threshold motion brought by the defence while the jury was deliberating at trial. Holding that the plaintiff … Continue reading
Posted in Auto, Insurance News, Threshold
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Court Applies Derksen to Order Defence by Both CGL and Auto Policies
In Derksen v. 539938 Ontario Limited, the Supreme Court of Canada ordered both an auto and a CGL insurer to defend a personal injury action. It determined that there had been concurrent causes of the injuries, one covered by the … Continue reading
Posted in Auto, CGL, Duty to Defend, Insurance News
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S.C.C. Allows Appeals in Herbison and Vytlingam
Good news for auto insurers today from the Supreme Court. The insurers’ appeals in Citadel General Assurance Co. v. Vytlingam and Lumbermens Mutual Casualty Co. v. Herbison were successful. Both cases turned on the interpretation of the phrase, “arising directly or indirectly … Continue reading
Posted in Auto, Insurance News
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C.A. Encourages Auto Insurers to Make Offers Without Applying IA Deductible
Some very good news for the plaintiff’s bar today, from the Court of Appeal: insurers’ offers to settle in MVA cases should contain “cushions” against the statutory deductibles. In Rider et al. v. Dydyk, the Court (Justices Jurianz, MacPherson and … Continue reading
Posted in Auto, Costs, Insurance News, Practice and Procedure
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C.A. Says Insurance Act Bars All Auto Tort Claims for Property Damage
In a case that has already received a lot of attention from the insurance industry, the Court of Appeal held in Clarendon National Insurance et al. v. Candow that where it applies, s. 263 of the Insurance Act bars all tort … Continue reading
Posted in Auto, Insurance News
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