Monthly Archives: July 2006

No Costs Outline? No Award of Costs, Says Master

Posted on July 28, 2006 by Stephen Cavanagh

We were interested to read Master Julian Polika’s decision in Cango Inc. v. D. & S. Equipment Ltd. Not so much for the substance of the decision (striking a pleading for referring to settlement negotiations). Rather, it was the ruling with respect … Continue reading →

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C.A. Takes Expansive View of Expert’s Producible “Findings, Opinions and Conclusions”

Posted on July 27, 2006 by Stephen Cavanagh

UPDATE: This decision was reversed by a 3-member panel of the Court of Appeal on September 20, 2006. See our post.  Justice Gillese of the Ontario Court of Appeal yesterday released a ruling that will be of importance to all civil … Continue reading →

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Court Refuses to Require Insurer to Defend Underlying Action Where Coverage Denied

Posted on July 24, 2006 by Stephen Cavanagh

In Shah v. Becamon, the plaintiff was injured when the defendant accidentally pressed her car’s accelerator pedal in a shopping centre parking lot, causing the car to lurch forward and strike the plaintiff. The defendant held only a G-1 licence. … Continue reading →

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Lump Sum Offer to Several Plaintiffs Triggers Rule 49 Costs Consequences

Posted on July 24, 2006 by Stephen Cavanagh

In Fragomeni v. Ontario Corporation 1080486, Madam Justice Deena F. Baltman had to contend with a practical problem relating to Rule 49 offers to settle. Where there are several plaintiffs, can a defendant make an effective offer to settle to … Continue reading →

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Leave to Appeal Denied, Where Trial Judge Refused Costs to Successful Defendant

Posted on July 10, 2006 by Stephen Cavanagh

In a somewhat surprising decision, the Divisional Court has denied leave to appeal a trial judge’s refusal to award costs to a successful defendant in a personal injury action. Dinham v. Brejkaln arose out of a motor vehicle accident. The defendant was … Continue reading →

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C.A. Says Purchaser of House Bound to Complete Deal

Posted on July 10, 2006 by Stephen Cavanagh

  Today, the Court of Appeal released a short ruling in a case involving a disputed real estate transaction. Its reasons are of interest to practitioners in contract law generally, since they show a marked reluctance to allow a party … Continue reading →

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Insurer’s Failure to Observe SABS Timeline Doesn’t Disentitle It to CAT DAC Assessment

Posted on July 5, 2006 by Stephen Cavanagh

Despite the mandatory language of the SABS time requirements (the insurer “shall”…), a Superior Court judge has held that an insurer’s failure to comply with those requirements in setting up a CAT DAC assessment does not mean that it loses its right … Continue reading →

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