Monthly Archives: January 2006

Is Invasion of Privacy a Tort? Is There Insurance for It?

Posted on January 27, 2006 by Stephen Cavanagh

In our continuing effort to catch up on cases decided this month,  we would like to draw your attention today to an important ruling by Mr. Justice David Stinson, in Somwar v. McDonald’s Restaurants of Canada Ltd.  This was a … Continue reading →

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Self-Represented Litigant Receives Costs Award

Posted on January 26, 2006 by Stephen Cavanagh

In Cain v. Peterson,  Superior Court Justice Michael Dambrot has awarded costs of $10,000 to a self-represented defendant. After dismissing an action against Shelley Peterson (not, we assume, the spouse of former Ontario premier, David Peterson), Justice Dambrot first ordered the plaintiff to … Continue reading →

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Plaintiff’s Four Accidents Require Analysis of Causation, Consent, Threshold, Protected Defendant and Damages

Posted on January 26, 2006 by Stephen Cavanagh

The recent judgment of Superior Court Justice Ruth Mesbur in Moore v. Wienecke reads more like a law school problem than a real-life set of facts. The plaintiff was involved in motor vehicle accidents in 1998 and 2002, which were the claims … Continue reading →

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C.A. Clarifies Duty to Defend

Posted on January 25, 2006 by Stephen Cavanagh

This month, the Court of Appeal has released two decisions dealing with an insurer’s “duty to defend”.Kohanski v. St. Paul The first is Kohanski v. St. Paul Guarantee Insurance Company. The issue in the case was whether a duty to … Continue reading →

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C.A. Says Trial Judge Entitled to Prefer One Medical Opinion Over Others

Posted on January 25, 2006 by Stephen Cavanagh

We’ve gotten a bit behind over the holiday season, but over the next few days, we’ll get caught up on some interesting new decisions that have been handed down this month. We’re also in the process of re-designing our Updates; … Continue reading →

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