Monthly Archives: August 2009

C.A. Says Plaintiffs Claiming Under Uninsured Motorist Coverage Need Not Pursue Insured Potential Joint Tortfeasors

Posted on August 27, 2009 by Stephen Cavanagh

Ontario auto insurers received some bad news last week from the Court of Appeal . In Loftus v. Security National Insurance Company, the Court upheld the ruling of Mr. Justice Barry MacDougall, which we reported on a little over a year ago. … Continue reading →

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Summary of Privileged Statement Must Be Given Even Though Witness Examined for Discovery

Posted on August 21, 2009 by Stephen Cavanagh

Tiller v. St. Andrew’s College dealt with a somewhat obscure practice point, but one that arises regularly in tort litigation: where a witness being examined for discovery has previously given a statement about the incident, is the examining party entitled … Continue reading →

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Court Finds Duty to Defend but Refuses Insured’s Request to Appoint Own Counsel

Posted on August 19, 2009 by Stephen Cavanagh

In PCL Constructors Canada v. Lumbermens Casualty Company Kemper Canada, Madam Justice Julie A. Thorburn dealt with the recurring problem of whether an insurer owes a duty to defend and if so, whether the insured is entitled to have its own counsel … Continue reading →

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Court Analyzes Lawyer-Client Privilege in Electronic Era

Posted on August 18, 2009 by Stephen Cavanagh

We are grateful to Master Robert Beaudoin for passing along an interesting decision by Madam Justice Ramona A. Wildman, dealing with lawyer-client privilege. The case is Eizenshtein v. Eizenshtein. It flew under our radar because of being a family law … Continue reading →

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Decision Elucidates Requirements for Production of Expert’s “Foundational Material”

Posted on August 18, 2009 by Stephen Cavanagh

Bookman v. Loeb was a family law case but the reasons of Madam Justice Ruth E. Mesbur shed light on a somewhat unsettled area of civil litigation: to what extent must a litigant produce “foundational material” for an expert opinion? … Continue reading →

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