Category Archives: Auto (Tort)

Tort claims involving automobiles but without a particular insurance issue.

Tortfeasor in One Accident Entitled to Claim Contribution from Tortfeasor in Second Accident? We Don’t Think So.

Posted on March 31, 2006 by Stephen Cavanagh

Justice Gerald Day has ruled that a release given by a plaintiff who had settled a claim arising out of one motor vehicle accident also applies to a second action brought by the same plaintiff, consequent upon another car accident. The … Continue reading →

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Insurer Wins BI Appeal on All Three Grounds

Posted on March 31, 2006 by Stephen Cavanagh

 In a decision that will be of great interest to the insurance industry, the Court of Appeal ordered a new trial in a personal injury action. The defence won on all three grounds of appeal:  (a) the trial judge’s refusal to … Continue reading →

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Costs in Personal Injury Action

Posted on March 23, 2006 by Stephen Cavanagh

 Madam Justice Joan Lax has released her costs ruling in the well-known case of Snushall v. Fulsang. (This is the case in which the Court of Appeal ruled last year, that contributory negligence for a passenger’s failure to wear a … Continue reading →

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S.C.C. Won’t Hear Seatbelt Appeal

Posted on March 9, 2006 by Stephen Cavanagh

The Supreme Court of Canada today refused leave to appeal the Court of Appeal’s decision in Snushall v. Fulsang. That was the ruling given last September, in which the Court of Appeal held that contributory negligence for failure to wear … Continue reading →

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Summary Judgment in Head-on Collision Case

Posted on April 22, 2005 by Stephen Cavanagh

In Hussain v. Uddin, Mr. Justice Gerald F. Day has taken the somewhat unusual step of granting a defence motion for summary judgment in an action arising out of a motor vehicle accident. The moving defendants, Mr. and Mrs. Noack, … Continue reading →

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Divisional Court Says No to Bifurcation of MVA Jury Trial

Posted on March 17, 2005 by Stephen Cavanagh

 It is not uncommon these days to see parties, usually defendants, ask for a “bifurcated trial”. In most cases, this means that liability would be tried first and then damages would be assessed at a later date, in a second … Continue reading →

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No Right to IME in Absence of Adequate Supporting Evidence

Posted on March 5, 2005 by Stephen Cavanagh

A just-released Superior Court decision reminds us that defendants are not automatically entitled to have a personal injury plaintiff examined by multiple medical practitioners, from various disciplines. They must establish, through evidence, why such examinations are needed.

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Important “Crumbling Skull” and Threshold Decision

Posted on October 14, 2004 by Stephen Cavanagh

In a decision handed down yesterday, Ottawa judge Madam Justice Giovanna Toscana Roccamo awarded damages of more than $700,000 to two chronic pain plaintiffs. The case is Hartwick v. Simser. The 63 page decision of Madam Justice Toscana Roccamo will be … Continue reading →

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“Victims’ Bill of Rights” Not Applied in MVA Case

Posted on September 17, 2004 by Stephen Cavanagh

Ever heard of the Victims’ Bill of Rights? Neither had counsel for the plaintiff in Pilon v. Janveaux, an action arising out of a 1993 MVA. One of the provisions in that Act can have a big effect on awards … Continue reading →

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Chronic Pain Costs Award Tops $430,000

Posted on June 4, 2004 by Stephen Cavanagh

Justice Denis Power has just released his final costs award in Russett v. Bujold and we have attached a copy. You may recall this case from an Update that we circulated several weeks ago. It involved a chronic pain claim … Continue reading →

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