Monthly Archives: December 2005

Important Decision on Allocation of Defence Costs Between Covered and Non-covered Claims

Justice Denis Power of the Ontario Superior Court has released a significant ruling on the issue of allocation of defence costs. The case is Hanis v. The University of Western Ontario et al.; Guardian Insurance et al., third parties. As … Continue reading

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Plaintiff Back to Work, Engaged, But Still Meets Threshold

After a series of recent Bill 59 “threshold” decisions that have favoured insurers (most recently Page v. Primeau, which was the subject of a previous Update), a Superior Court judge has decided a threshold motion in favour of the plaintiff. In Sasso … Continue reading

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Policy Limits Provisionally Pro-rated Before All Claims Finalized

A Superior Court decision released this afternoon deals with a recurring problem in the field of liability insurance: where the total claims greatly exceed the policy limits, can one claimant settle and obtain payment of the entire amount of his or … Continue reading

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C.A. Allows Extrinsic Evidence in Finding Duty to Defend Snowmobile Claim

In McLean v. Jorgenson, released this afternoon, the Ontario Court of Appeal addressed the often-litigated issue of an insurer’s duty to defend. Its decision contained some interesting elements that are likely to have significance in future cases, particularly those involving … Continue reading

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Slip and Fall Plaintiff 1/3 at Fault for Not Watching Where She Was Going

An Ontario Superior Court judge has found a plaintiff one third contributorily negligent for failing to observe the curb on which she tripped and fell, even though it was in plain sight. In Henhawk v. Brantford (City), Justice David S. … Continue reading

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C.A. Says Coverage for Lessor Continues on Cancellation by Lessee, Unless Insurer Gives Lessor Fifteen Days’ Notice

In Transportaction Lease Systems Inc. v. Guarantee Co. of North America, decided earlier this week, the Ontario Court of Appeal held that cancellation of auto insurance by a lessee was ineffective to terminate the coverage of the lessor. Accordingly, when … Continue reading

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