Monthly Archives: December 2006

C.A. Holds that SABS Hourly Rates for Attendant Care Are Mandatory

In Daly v. ING Halifax Insurance Company,  the Court of Appeal held that hourly rates for attendant care are set by the Statutory Accident Benefits Schedule and cannot be challenged. The Court accepted the insurer’s argument, that section 50(10) of … Continue reading

Posted in Auto, Insurance News | Leave a comment

Court of Appeal Re-states Test for “Nervous Shock”

Last week, the Court of Appeal released an important decision, dealing with tort liability for “nervous shock”. In Mustapha v. Culligan of Canada Ltd., the Court allowed an appeal from the trial decision of Justice John H. Brockenshire, dated April … Continue reading

Posted in Damages, Products Liability, Tort News | 1 Comment

Two Significant Costs Decisions: Indemnity or Reasonableness?

Schouten v. Rideau.pdf Two members of the Superior Court bench in Ottawa have released reasons, both dated December 1, 2006, in which they have commented in detail on how costs should be fixed under Rule 57.03. There are some interesting differences … Continue reading

Posted in Costs, Insurance News | Leave a comment