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Monthly Archives: April 2008
C.A. Says Trial Judge Applied Wrong Test in Determining Whether Injury “Serious” and “Permanent”
Brak v. Walsh is a short decision of the Court of Appeal (Justices Karen M. Weiler, Michael J. Moldaver and Russell G. Jurianz), on appeal from a ruling by Mr. Justice Gordon Killeen on a threshold motion brought at the … Continue reading
Posted in Auto, Insurance News, Threshold
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Snow Removal Contractor’s Insurer Ordered to Defend Property Owner Under “Additional Insured” Endorsement
Further addendum: The appeal of this decision was to have been heard in April, 2009 but was abandoned before then. Addendum: We have been advised that this decision is under appeal. Riocan Real Estate Investment Trust (O&Y Properties Inc.) v. … Continue reading
Posted in Duty to Defend, Insurance News
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The “Surowiecki Ballot”: A Tool for Multi-Party Mediations
We came across this interesting article on the website for the International Risk Management Institute, Inc. (“IRMI”). It is entitled “A Tool for Multi-Party Insurance Litigation Mediation with ‘Additional Insureds’” and was written by Jeff Kichaven. The title makes the … Continue reading
Posted in Commercial Litigation, Insurance News
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C.A. Dismisses Appeal in “Flying Ladder” Case
In CUMIS General Insurance Company v. 1319273 Ontario Ltd., the Court of Appeal was dealing with a coverage question involving a CGL policy. In the underlying action, the plaintiff motorcyclist had been seriously injured when a ladder flew off a … Continue reading
Posted in CGL, Exclusions, Insurance News
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Court Says Successful Threshold Defence Not to be Taken Into Account for Purposes of Costs
In Dennie v. Hamilton, the defendants’ solicitor probably thought that the trial had gone pretty well (see our previous post about this case). In this MVA action, the plaintiff had claimed damages of about $1 million. At the end … Continue reading
Posted in Costs, Insurance News
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C.A. Upholds Record Personal Injury Damages Award
Sandhu v. Wellington Place Apartments was one of the largest personal injury damages awards in Canadian history. The Court of Appeal recently dismissed an appeal from the trial decision (other than disallowing most of a $350,000 costs premium). The award … Continue reading
C.A. Says Damage to Building’s Foundation Not Part of General Contractor’s “Work”
In York Region Condominium Corporation No. 772 v. Lombard Canada Ltd., the Court of Appeal rejected the appeal by Lombard from a judgment holding that its CGL policy covered a claim against its insured, a general contractor. The plaintiff condominium … Continue reading
Posted in CGL, Exclusions, Insurance News
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Court Refuses Summary Judgment in “Social Host” Claim
In Hamilton v. Kember (and another action), Mr. Justice John F. McGarry was dealing with a defence motion for summary judgment in two personal injury actions. The moving defendants were a young woman and her parents. In 2004, when the young woman … Continue reading
Posted in Occupier's Liability, Social and Commercial Host Liability, Tort News
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Court Ignores Past Collateral Benefits in Evaluating Rule 49 Offer
Bad news for insurers. In Ksiazek v. Newport Leasing Limited, Mr. Justice C. Raymond Harris extended the application of the Court of Appeal’s decision in Rider v. Dydyk and ruled that a defendant’s offer to settle should be compared with … Continue reading
Posted in Auto, Costs, Insurance News, Trial Procedure
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Judge Says Special Circumstances Power Still Exists
Well, it’s finally happened. In Toneguzzo v. Corner, a Superior Court judge has come out and concluded that the enactment of s. 21(1) of the Limitations Act, 2002 has not done away with the court’s discretionary power to add parties after … Continue reading
Posted in Limitation Periods
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