Monthly Archives: June 2006

Surveillance Ruled Inadmissible

   Lis v. Lombard Insurance illustrates a common difficulty with surveillance videotape. Under Rule 30.09 of the Rules of Civil Procedure, a “document” (which would include a videotape) on which privilege has been claimed, cannot be used at trial without … Continue reading

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Insurer’s Denial of Claim that Ultimately Succeeds Not Bad Faith: S.C.C.

In a decision that will be of great interest to insurers, the Supreme Court of Canada today struck down a $100,000 award of punitive damages that had been made against a disability insurer. In Fidler v. Sun Life Assurance, the plaintiff had … Continue reading

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Costs Premium of $350,000 Awarded in Sandhu

    The case of Sandhu v. Wellington Place Apartments has produced another significant ruling. Readers will recall that Sandhu is the recent personal injury action in which damages of over $12 million were awarded. Today’s decision by Madam Justice … Continue reading

Posted in Costs | 1 Comment

Divisional Court Sets Out Defence Requirements to Establish Mitigation

In Branco v. Ephstein, a motor vehicle case, the Divisional Court has ordered a new trial, on the ground that the trial judge did not adequately explain to the jury the onus that arises where a defence of mitigation is … Continue reading

Posted in Auto (Tort), Damages, Practice and Procedure | Leave a comment

City Not Liable for Slip and Fall Where Snow Removal Efforts Were “Reasonable”

  The decision of Madam Justice Wailan Low in Ondrade v. Toronto (City) provides a useful review of the law relating to the liability of municipal corporations for “slip and fall” accidents that take place during severe winter weather. The … Continue reading

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Summary Judgment Granted on Basis of Conflicting Opinions on Quebec Law

Usually, the law of a “foreign” jurisdiction (which, in this context, includes that of the other Canadian provinces) has to be proved at an Ontario trial through expert testimony. If the foreign law is not proved, the general rule is that … Continue reading

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Global Offer to Severally Liable Defendants Doesn’t Qualify Under Rule 49

The decision of Justice Nancy Spies in Tuffhide Products v. Rhino Systems of Canada Inc. is a cautionary tale on the subject of offers to settle in multi-defendant cases. The plaintiffs had sued two defendants. Prior to trial, the plaintiffs … Continue reading

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No Reduction of Maximum Non-pecuniary Damages In Face of Large Pecuniary Damages Award

In the well-known case of Sandhu v. Wellington Place Apartments, the jury awarded to the plaintiff non-pecuniary general damages of $311,000. This is the current value of the $100,000 maximum award established by the Supreme Court of Canada in the … Continue reading

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1991 Installation of Fireplace Held to be ‘Accident’ Triggering Coverage for 2003 Fire Claim

    [This post contains a correction at the end, dealing with the apportionment of contributions between the two policies. We had previously said that contribution by equal shares had been ordered; in fact, Power J. ordered proportionate contribution by policy … Continue reading

Posted in CGL, Duty to Defend, Insurance News | 1 Comment

C.A. Upholds $500,000 Non-pecuniary Damages Award in Oil Spill Claim

  In Westlake v. Granby Steel Tanks, the Court of Appeal reviewed the damages award made by a jury in an action arising out of an oil spill at the plaintiffs’ home. The plaintiffs were an elderly couple. Liability had … Continue reading

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