Monthly Archives: March 2006

Tortfeasor in One Accident Entitled to Claim Contribution from Tortfeasor in Second Accident? We Don’t Think So.

Posted on March 31, 2006 by Stephen Cavanagh

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 →

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Insurer Wins BI Appeal on All Three Grounds

Posted on March 31, 2006 by Stephen Cavanagh

 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 →

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Court Finds Duty Owed to Child Before Conception

Posted on March 30, 2006 by Stephen Cavanagh

In Paxton v. Ramji, a major decision released today, Madam Justice Margaret Eberhard of the Ontario Superior Court has found that a physician owed a duty of care to a child who had not yet been conceived, let alone born. … Continue reading →

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Guidelines for When Solicitor Will be Removed from Record

Posted on March 30, 2006 by Stephen Cavanagh

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 →

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General Accident v. Chrusz Finally Goes to Trial

Posted on March 30, 2006 by Stephen Cavanagh

Back in 1999, the Ontario Court of Appeal handed down its ruling in the case of General Accident Assurance Company et al. v. Chrusz et al. The decision became one of the leading cases in Ontario on the meaning of … Continue reading →

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DAC Assessment Does Not Preclude Insurer’s IME in SABS Lawsuit

Posted on March 24, 2006 by Stephen Cavanagh

In Baron v. Kingsway General Insurance Company, Superior Court Justice Gladys Pardu rejected the argument of a statutory accident benefits claimant, that the insurer was not entitled to its own medical assessment because a CAT-DAC assessment had already found him … Continue reading →

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Costs in Personal Injury Action

Posted on March 23, 2006 by Stephen Cavanagh

 Madam Justice Joan Lax has released her costs ruling in the well-known case of Snushall v. Fulsang. (This is the case in which the Court of Appeal ruled last year, that contributory negligence for a passenger’s failure to wear a … Continue reading →

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C.A. Reverses Judge’s Non-Suit Order, Restores Jury’s $3M Award

Posted on March 23, 2006 by Stephen Cavanagh

    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 →

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C.A. Says Covenant to Insure Does Not Necessarily Imply Waiver of Right to Sue

Posted on March 22, 2006 by Stephen Cavanagh

 In The Provident Bank v. Wells Fargo Bank Northwest, released today, the Court of Appeal considered whether a party’s covenant to insure had the effect of relieving the party to whom the covenant was allegedly given, from liability in negligence. … Continue reading →

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Litigation Privilege Can Arise Before Demand Made or Lawsuit Commenced

Posted on March 21, 2006 by Stephen Cavanagh

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 | Comments Off on Litigation Privilege Can Arise Before Demand Made or Lawsuit Commenced