-
Recent Posts
Archives
- October 2015
- July 2015
- December 2014
- November 2014
- October 2014
- September 2014
- May 2014
- January 2014
- July 2013
- June 2013
- May 2013
- April 2013
- February 2013
- January 2013
- November 2012
- September 2012
- August 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- September 2011
- May 2011
- February 2011
- October 2010
- June 2010
- May 2010
- April 2010
- March 2010
- February 2010
- January 2010
- November 2009
- September 2009
- August 2009
- July 2009
- May 2009
- April 2009
- March 2009
- February 2009
- January 2009
- November 2008
- October 2008
- August 2008
- July 2008
- June 2008
- May 2008
- April 2008
- March 2008
- January 2008
- December 2007
- November 2007
- October 2007
- September 2007
- August 2007
- July 2007
- June 2007
- May 2007
- April 2007
- March 2007
- February 2007
- January 2007
- December 2006
- November 2006
- October 2006
- September 2006
- August 2006
- July 2006
- June 2006
- May 2006
- April 2006
- March 2006
- February 2006
- January 2006
- December 2005
- November 2005
- October 2005
- September 2005
- July 2005
- June 2005
- May 2005
- April 2005
- March 2005
- January 2005
- December 2004
- November 2004
- October 2004
- September 2004
- July 2004
- June 2004
- May 2004
- April 2004
- March 2004
- December 2003
- November 2003
- May 2003
- April 2003
Categories
- Advertising Injury
- Allocation of Defence Costs
- Appeals
- Auto
- Auto (Tort)
- CGL
- Collateral Benefits
- Commercial Litigation
- Conflict of Laws
- Contract
- Costs
- Damages
- Defamation
- Discoverability
- Discovery
- Duty to Defend
- Environmental
- Evidence
- Exclusions
- Experts and Opinions
- Fire Insurance
- Fires
- FLA
- Insurance News
- Juries
- Lawyers
- Limitation Periods
- Litigation Technology
- Municipalities
- Occupier's Liability
- Pleadings
- Practice and Procedure
- Practice of Law
- Privacy
- Privilege
- Products Liability
- Professional Liability
- Risk Transfer
- Sale of Goods
- Social and Commercial Host Liability
- Subrogation
- Threshold
- Tort News
- Trial Procedure
- Uncategorized
- Uninsured or Underinsured
- Waivers and releases
Meta
Monthly Archives: June 2007
Section 21 of Limitations Act, 2002 Doesn’t Permit Addition of Defendants After Prescription
In an important new decision, Mr. Justice George P. Smith has become the first judge (so far as we know) to consider in detail the effect of s. 21(1) of the Limitations Act, 2002. He has found that s. 21(1) … Continue reading
Posted in Limitation Periods
Comments Off on Section 21 of Limitations Act, 2002 Doesn’t Permit Addition of Defendants After Prescription
Power J. Analyzes Right of Self-represented Solicitor to Be Paid Costs
Mr. Justice Denis Power released an interesting and rather novel costs ruling yesterday in the ongoing Riddell v. The Conservative Party of Canada litiigation. Ottawa lawyer Alan Riddell, once the Conservative Party of Canada’s candidate in the federal riding of … Continue reading
Posted in Costs
Comments Off on Power J. Analyzes Right of Self-represented Solicitor to Be Paid Costs
C.A. Says No Allocation Between Primary and Excess Insurers
In McKenzie v. Dominion of Canada General Insurance Company, released today, the Court of Appeal clarified the law with respect to overlapping insurance coverage and the order in which liability insurance policies must respond to a claim. In the Supreme … Continue reading
Posted in Allocation of Defence Costs, Insurance News
Comments Off on C.A. Says No Allocation Between Primary and Excess Insurers
C.A. Says Relief from Forfeiture only Available for Post-loss Events
In Williams v. York Fire & Casualty Insurance Company, released today by the Court of Appeal, the court was dealing with a fact situation that often comes up. A driver was involved in an accident. When the accident occurred, the … Continue reading
Posted in Auto, Exclusions, Insurance News
Comments Off on C.A. Says Relief from Forfeiture only Available for Post-loss Events
Corporate Insured Permitted to Claim Damages for Mental Distress on Behalf of Its Officers in Fire Insurance Claim
In 539091 Ontario Ltd. v. Allianz Insurance, Madam Justice Helen Pierce was dealing with various proposed amendments to the statement of claim in a fire insurance case. The motion raised several interesting issues but of particular note was the request of … Continue reading
Posted in Fire Insurance, Insurance News, Practice and Procedure
Comments Off on Corporate Insured Permitted to Claim Damages for Mental Distress on Behalf of Its Officers in Fire Insurance Claim
Privilege Waived on Expert’s Report After It Was Reviewed by Second Expert
UPDATE: We have learned that the plaintiffs have sought leave to appeal Justice Power’s decision. We will report the outcome of that motion, which is to be heard on July 20, 2007. It is our understanding that the main (although not the … Continue reading
Posted in Practice and Procedure, Privilege
Comments Off on Privilege Waived on Expert’s Report After It Was Reviewed by Second Expert
Costs Roundup: Costs Award Means Pyrrhic Victory for Conrad Black; Solicitor Personally Liable for Costs
Two new costs decisions are, we think, worthy of note. Sun-Times Media Group Inc. v. Conrad Black At a time when Mr. Black probably has other things on his mind, Justice Colin Campbell had the task of fixing costs of … Continue reading
Posted in Costs
Comments Off on Costs Roundup: Costs Award Means Pyrrhic Victory for Conrad Black; Solicitor Personally Liable for Costs
No Coverage Under Homeowner’s Policy for Allegations of Negligent Supervision of Driver
In The Co-operators General Insurance Company v. Murray et al., Mr. Justice Robert MacKinnon ruled that a homeowner’s insurance policy did not cover a claim that the insureds failed to supervise their son, who had been the driver in a single-car accident. … Continue reading
Posted in Insurance News
Comments Off on No Coverage Under Homeowner’s Policy for Allegations of Negligent Supervision of Driver
Motions for Non-suit a Waste of Time, Says C.A.
After yesterday’s decision by the Court of Appeal in Prudential Securities Credit Corp., LLC v. Cobrand Foods Ltd., we are unlikely to see many more motions for non-suit in this province. The Court said that the procedure “has little practical … Continue reading
Posted in Practice and Procedure, Trial Procedure
Comments Off on Motions for Non-suit a Waste of Time, Says C.A.
Costs Denied Where Jury Awards Plaintiff Only $20,000 in MVA Claim
Garisto v. Wang is one of relatively few cases in which a trial judges has imposed the costs penalties contained in Rule 76 of the Rules of Civil Procedure. The plaintiff had originally sought damages of $800,000 in this car accident … Continue reading
Posted in Auto, Costs, Insurance News
Comments Off on Costs Denied Where Jury Awards Plaintiff Only $20,000 in MVA Claim