Monthly Archives: June 2005

C.A. Says Its 2001 Decision in McNaughton v. Dominion Was Wrong

In David Polowin Real Estate Co. v. Dominion of Canada, released today, the Court of Appeal took the unusual step of reversing one of its own decisions. Not only that, the judge who wrote today’s decision (Justice John Laskin) was … Continue reading

Posted in Auto, Insurance News | Leave a comment

Service of Expert’s Report Waives Litigation Privilege on File Material

A Superior Court judge today dealt with a question that arises frequently in civil litigation: to what extent must “the findings, opinions and conclusions of an expert” be disclosed to an opposing party prior to trial? In Lecocq Logging Inc. … Continue reading

Posted in Discovery, Practice and Procedure, Privilege | Leave a comment

Another C.A. Ruling on Operation and Use of Automobile

An embarrassment of riches. The Court of Appeal has released a second decision this afternoon which deals with almost the identical issue as did Herbison v. Lumbermens. In Vytlingam v. Farmer, the underlying claim arose from a boulder having been … Continue reading

Posted in Auto, Insurance News | Leave a comment

C.A. Takes Latest Shot in Ownership, Use, Operation of an Automobile Debate

This afternoon, the Court of Appeal released its decision in Herbison v. Lumbermens Mutual Casualty. The Court allowed the claimant’s appeal and ruled that an auto insurer, Lumbermens, was obliged to indemnify its insured (“Wolfe”) against the tort liability he … Continue reading

Posted in Auto, Insurance News | Leave a comment