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Monthly Archives: November 2006
Negligent Placement of Ladder on Roof of Truck Excluded Under CGL
In Cumis General Insurance Company v. 1319273 Ontario Ltd., Mr. Justice David Brown dealt with an interesting coverage dispute. Cumis had applied for a ruling on whether it owed a duty to defend its insured, the numbered company, in an … Continue reading
Posted in CGL, Duty to Defend, Exclusions, Insurance News
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Montebello Post-Mortem
Another successful Civil Litigation Update concluded at Chateau Montebello yesterday. The conference, now in its 26th year, was acclaimed by numerous visiting Superior Court and Court of Appeal judges as Ontario’s premiere continuing legal education program. We are proud … Continue reading
Posted in Auto, Costs, Insurance News, Juries, Threshold
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Court Says Plaintiff in AB Claim Can’t Add Insurer’s Lawyers as Defendants
Representing insurance companies is getting more hazardous all the time. In Succar v. Wawanesa Mutual Insurance Company, the plaintiff had sued Wawanesa for statutory accident benefits arising out of an MVA that occurred on January 1, 1994. Wawanesa had stopped … Continue reading
Posted in Auto, Insurance News, Lawyers
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No Right of Subrogation Under Builder’s Risk Policy
ADDENDUM This decision has been appealed. The notice of appeal was served on November 28, 2006. So, it appears that the Court of Appeal will be re-visiting the issue of waiver of subrogation in a builder’s risk context. The appeal … Continue reading
Posted in Insurance News
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Auto Insurer Not Entitled to Reimbursement from Insured for Settlement with Plaintiff Without Insured’s Consent or Judgment Against Plaintiff
REVISION We have now obtained the unreported reasons of Mr. Justice Paul Lalonde, the motions judge, whose decision was reversed by the Court of Appeal. Those reasons shed quite a bit of light on what transpired in this case. Accordingly, we have … Continue reading
Posted in Auto, Insurance News
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C.A. Says Son In Mother’s “Control” Is Not Within Her “Care”, For SABS Purposes
In Oxford Mutual Insurance Company v. Co-operators General Insurance Company, released today, the Court of Appeal had to decide whether a claimant was “principally dependent” on his mother at the time of being injured in a motor vehicle accident. If … Continue reading
Posted in Auto, Collateral Benefits, Insurance News
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Discovery Evidence Can’t Be Read In If Rule in Browne v. Dunn Not Complied With
Mr. Justice Bruce Glass of the Superior Court has made a ruling that will interest trial lawyers (and few others). Morrison v. Greig was a personal injury action. At trial, defence counsel elected not to cross-examine the plaintiff while the latter was in … Continue reading
Posted in Discovery, Practice and Procedure, Trial Procedure
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Late Notice of U.S. Trademark Infringement Claim Means No Insurance Coverage for Related Claim in Canada
Mr. Justice Roydon J. Kealey of the Superior Court has granted summary judgment, dismissing the plaintiff’s action in Ideal Roofing Company v. Royal & SunAlliance Insurance Company. Our office acted for Royal, the successful moving party. The basis of the … Continue reading
Posted in Advertising Injury, CGL, Exclusions, Insurance News
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C.A. Upholds Punitive Damages Award Against Impaired Driver
In a decision that will be of great interest to the insurance and personal injury bar, the Court of Appeal today released its reasons in McIntyre v. Grigg et al. In this case, the plaintiff was a pedestrian who suffered a … Continue reading
Posted in Auto, Auto (Tort), Damages, Insurance News, Social and Commercial Host Liability, Tort News
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Chronic Pain Plaintiff with “Questionable” Credibility “Just Barely” Meets Threshold
ADDENDUM Since our original post about this case, we were advised by Doug Smith, counsel for the defence, about some additional and pertinent facts. His comment appears at the end of this post but, in a nutshell, he told us … Continue reading
Posted in Auto, Collateral Benefits, Damages, FLA, Insurance News, Threshold
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