Monthly Archives: October 2006

Another Threshold Ruling Driven by Jury’s Findings

In a post yesterday, we commented on a recent decision, Bisier v. Thorimbert,  in which a Superior Court judge granted a defence threshold motion at the trial of a personal injury action, after the jury had awarded nothing for general or … Continue reading

Posted in Auto, Insurance News, Threshold | Leave a comment

Costs: “Substantial Indemnity” Doesn’t Mean “Full Indemnity”

Ontario Superior Court Justice Joan Lax has released an interesting costs decision in Manning v. Epp et al. In this lawsuit, the plaintiff was well-known Ontario lawyer, Morris Manning. He sued the mayor of the City of Waterloo, as well … Continue reading

Posted in Costs, Insurance News | 1 Comment

Master MacLeod Provides Guidance Regarding Proper Conduct at Discoveries

In a decision that will be very useful for the practising bar, Master Calum MacLeod has established a list of guidelines on proper practice at examinations for discovery. In Iroquois Falls Power Corp. v. Jacobs Canada Inc., a commercial case, a … Continue reading

Posted in Discovery, Practice and Procedure | Leave a comment

Judge Finds that Threshold Motion Must Succeed Where Jury Assesses Damages at Zero

Bisier v. Thorimbert was an action for personal injuries arising out of a motor vehicle accident. At the trial, Mr. Justice J.R. Henderson of the Ontario Superior Court granted the defendant’s motion for dismissal of the plaintiffs’ claim, on the basis that … Continue reading

Posted in Auto, Auto (Tort), Insurance News, Juries, Threshold, Trial Procedure | Leave a comment

Costs Math

In Riddell v. Conservative Party of Canada, Alan Riddell, former Conservative candidate for the riding of Ottawa South, is embroiled in a dispute with his party. There has been a series of interlocutory motions. A recent one was decided by Mr. … Continue reading

Posted in Costs | Leave a comment

Defence Counsel’s Opening Address Leads to Discharge of Jury

In Morrison et al. v. Greig et al., Mr. Justice Bruce Glass of the Ontario Superior Court discharged the jury following the opening address of counsel for the defendant. In this trial of two personal injury actions, arising out a … Continue reading

Posted in Juries, Trial Procedure | Leave a comment

C.A. Dismisses Appeal in Tiger Mauling Case

The Court of Appeal has dismissed the defendant’s appeal in Cowles v. Balac, the case in which Justice Jean MacFarland of the Ontario Superior Court found The African Lion Safari & Game Farm Ltd. liable to a couple mauled by … Continue reading

Posted in Evidence | 3 Comments

Car Operated without Consent but Leasing Company Still Liable

NOTE: An appeal from the decision discussed in this posting was dismissed by the Court of Appeal on August 3, 2007. The reasons are available here. Although the Court of Appeal upheld the decision of the motions judge, it disagreed with … Continue reading

Posted in Auto (Tort), Tort News | Leave a comment

S.C.C. Rules that Ontario Courts Can’t Award Costs Premiums Based on Risk

Addendum to this post  Debra Rolph of LawPRO has added a comment to this post, asking the following question:    The judgment ends with the following paragraph:”43 These reasons apply to the costs scheme in place in Ontario at the time … Continue reading

Posted in Costs | 1 Comment

C.A. Clarifies Causation Rules in Negligence Cases

In a 2-1 decision, the Court of Appeal allowed an appeal in a medical malpractice case, finding in favour of the defendants. The decision hinged on what evidence a plaintiff must lead in order to show that the defendant’s negligence … Continue reading

Posted in Evidence, Tort News | 2 Comments