Monthly Archives: May 2006

Court Refuses to Bifurcate MVA Trial

  Although he expressed concern about “the somewhat rigid state of the existing jurisprudence”, Justice Denis Power refused to bifurcate the trial of a motor vehicle accident case. In Aghsani v. Briglio, the plaintiff was a pedestrian who had been … Continue reading

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C.A. Upholds Punitive Damages Award in Fire Insurance Case, but Reduces Aggravated Damages

 The Court of Appeal today released its decision in Plester v. Wawanesa Mutual Insurance Company, a lawsuit that involved a disputed claim on a policy of fire insurance. Two of the insureds (a married couple) owned a furniture store and … Continue reading

Posted in Fire Insurance, Insurance News, Uninsured or Underinsured | Leave a comment

Partial Indemnity Costs Can Equal 100% of Actual Fees

Last week’s decision of Mr. Justice David Corbett in a family law case is actually an important one for counsel acting for insurance companies. In Mantella v. Mantella, a husband and wife were involved in bitter matrimonial litigation. As seems to … Continue reading

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One Defendant Not Liable to Pay Defaulting Defendant’s Settlement Contribution

In Budning v. Vinokurov et al., the plaintiff settled with three defendants. Minutes of settlement were entered into, specifying the amounts to be paid by each defendant. Two of the defendants (a law firm and a municipality) paid their contributions to … Continue reading

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“Insured v. Insured” Exclusion Doesn’t Apply to Claim by Insured’s Liquidator

Markham General Insurance Company was ordered wound up in July, 2002. The liquidator of Markham is now suing its former directors and officers, alleging that they negligently managed the company. Those defendants, in turn, had D & O coverage with … Continue reading

Posted in Duty to Defend, Exclusions, Insurance News | Leave a comment

C.A. Rules $3.1 Million AB Settlement Enforceable Despite Claimant’s Death

The Court of Appeal ruled today, in Wu v. Zurich Insurance Company, that a $3.1 million settlement of an accident benefits claim was enforceable by the estate of the injured claimant, who died before the settlement had been approved by … Continue reading

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Litigants Can’t Avoid Manual Search of Documents for Production

 Air Canada et al. v. Westjet Airlines Ltd. et al. is evidently “the largest case of corporate espionage ever seen in Canada”. It will undoubtedly spawn many rulings as it proceeds through the courts and today’s is an interesting one. … Continue reading

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

Childs v. Desormeaux: A Post-Mortem

Last Friday night, Wiliams McEnery held a small reception for Eric Willams and Jaye Hooper. As most readers will know, Eric and Jaye were the winning counsel in Friday’s Supreme Court of Canada ruling in Childs v. Desormeaux, the “social … Continue reading

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