Author Archives: Stephen Cavanagh

New “duty to defend” decision good news for additional insureds

Justice Carole J. Brown’s decision in Dufferin Construction v The Dominion of Canada, 2015 ONSC 6311 (CanLII) deals with a situation very commonly seen in additional insured/duty to defend cases: the insurer denies coverage to the additional insured, relying on a … Continue reading

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More costs confusion

I’ve come across a couple of decisions recently that make it even more challenging for an “Elgin Street hack” (to paraphrase John Mortimer) to figure out the law of costs. My attention was drawn to the first one by Debra … Continue reading

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Master MacLeod ruminates about proper practice in cross-examinations

Master Calum MacLeod released a decision recently that has some useful practice tips about cross-examinations on affidavits. The case is Dumais v Hobbs, 2015 ONSC 5643 (CanLII). Without getting into detail about the facts, there was an action and an application … Continue reading

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“At least one percent liable”?

Recently, I read Saldana v Caruana et al., 2015 ONSC 4426 (CanLII), a decision of Justice Mario D. Faieta. On a motion for summary judgment, His Honour ruled that a defendant was “at least 1% liable” for a motor vehicle accident. Does … Continue reading

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C.A. rejects Mantella approach on costs

In a decision rendered today, the Court of Appeal has made it clear that partial indemnity costs should not be awarded in an amount that is equivalent to substantial indemnity. The case is 790668 Ontario Inc. v. D’Andrea Management Inc., 2015 … Continue reading

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Covenant to insure bars misrepresentation suit by commercial tenant

D.L.G. & Associates Ltd. v. Minto Properties Inc., 2014 ONSC 7287 (CanLII), a decision of Justice Paul Perell, raises some questions as to how far-reaching are the effects of a covenant to insure between landlord and tenant. Justice Perell considered … Continue reading

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More costs uncertainty

A recent post commented on the dichotomy in the approaches followed by Ontario courts in fixing costs. Some use an objective approach (in which the Rules Committee’s “Information for the Profession” is the starting point and the actual hourly rate has … Continue reading

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Duty to indemnify sometimes broader than duty to defend?

Mr. Justice Timothy D. Ray just released a decision that is something of an anomaly: he ruled that a liability insurer did not owe a duty to defend two individuals who had been sued for defamation. But he acknowledged that … Continue reading

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Two-tier test for conflicts?

Justice Ian Nordheimer, sitting as a single judge of the Divisional Court, recently granted leave to appeal from a decision of Justice Alfred J. O’Marra. The latter had declared that the boutique law firm Lloyd Burns McInnis LLP (“LBM”) could continue as … Continue reading

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Lawyers’ affidavits: beware!

Another decision of Justice Frederick L. Myers. I can’t help it, he’s very quotable. In Ferreira v. Cardenas, 2014 ONSC 7119 (CanLII), he was dealing with a motion for summary judgment on the liability issue in an action arising out of … Continue reading

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