Monthly Archives: April 2007

Plaintiff Can’t Add Third Party Driver as Defendant, Where Conscious Decision Was Made Not to Sue

Posted on April 30, 2007 by Stephen Cavanagh

In Biancale v. Vieyra, Mr. Justice David Crane dismissed a plaintiff’s motion to add, as a defendant in the proceeding, one of two drivers involved in the accident in which the plaintiff had been injured. The amendment was sought after … Continue reading →

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$400,000 in Interest Payable on 10 Years’ of Accident Benefits Improperly Terminated in 1997 (but Plaintiff had Fully Recovered by 1998!)

Posted on April 29, 2007 by Stephen Cavanagh

A new decision of the Ontario Superior Court is a painful reminder to auto insurers of the importance of following the correct procedure in terminating statutory accident benefits. The failure of the insurer to use the correct form of notice … Continue reading →

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Plaintiff Not Catastrophically Injured Where Two GCS Readings Below 10/15 in First 30 Minutes after Accident

Posted on April 27, 2007 by Stephen Cavanagh

UPDATE: this decision was reversed by the Court of Appeal on July 17, 2009. The reasons of the Court may be accessed here. The panel agreed that, the plaintiff having had a Glasgow Coma Scale reading of 9/15 within a … Continue reading →

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Master Lifts Deemed Undertaking Rule Where Plaintiff Utters Threats in Course of IME

Posted on April 24, 2007 by Stephen Cavanagh

In Guindon v. VIA Rail, an interesting (but unusual) case, Master Robert Beaudoin ordered that ViIA Rail was not bound by the deemed undertaking rule (Rule 30.1) where the plaintiff had uttered threats in the course of an independent medical … Continue reading →

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C.A.’s First post-Resurfice Discussion of “But For” Causation Test

Posted on April 22, 2007 by Stephen Cavanagh

In Barker v. Montfort Hospital, released last week, the Court of Appeal had its first opportunity of considering the Supreme Court of Canada’s recent decision in Resurfice Corp. v. Hanke. (Readers will recall that in the latter case, the Supreme … Continue reading →

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Offer to Contribute Should Attract Substantial Indemnity Costs

Posted on April 22, 2007 by Stephen Cavanagh

In Caci v. MacArthur, Mr. Justice David Brown held that a defendant who achieved a better result at trial than an offer to contribute that it had made to a co-defendant, was entitled to costs on a substantial indemnity basis … Continue reading →

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Court Rules Evidence of Marine Accident Reconstruction Expert Inadmissible

Posted on April 22, 2007 by Stephen Cavanagh

 In Laudon v. Roberts, Mr. Justice Guy D. DiTomaso ruled that an expert witness retained by the plaintiff could not testify at trial. The action was one for personal injuries arising out of a boating accident. The plaintiff had been a passenger … Continue reading →

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Master Orders Insurer to Produce Its Schedule B Documents

Posted on April 4, 2007 by Stephen Cavanagh

  Back in January, we posted a commentary about the Divisional Court’s decision in Smith v. London Life. The case dealt with production of an insurer’s file in a first party claim that was based on allegations of bad faith on … Continue reading →

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Medical Malpractice Action by Mental Incompetent Has Two Year Limitation Period Where Litigation Guardian Appointed

Posted on April 2, 2007 by Stephen Cavanagh

In St. Jean v. Cheung, Mr. Justice John C. Murray undertook a detailed analysis of how the Limitations Act, 2002 has changed the law of limitations as it applies to claims on behalf of persons under a legal disability. While … Continue reading →

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