Monthly Archives: January 2007

C.A. Discusses Principles of Contractual Interpretation and “Piercing the Corporate Veil”

In Dumbrell v. The Regional Group of Companies Inc., the Court of Appeal has reviewed the principles governing contractual interpretation. It has also provided a useful discussion of the circumstances in which the directing mind of a corporation can (and … Continue reading

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C.A. Says Motor Vehicle Accident Claims Fund is “Insurer” for Purposes of Dispute Resolution

In two decisions, released today, a five-member panel of the Court of Appeal has held that the Motor Vehicle Accident Claims Fund is, for limited purposes, an “insurer”. The cases are Allstate Insurance Company of Canada v. Motor Vehicle Accident … Continue reading

Posted in Auto, Insurance News | Leave a comment

C.A. Adopts Master Beaudoin’s Test for Setting Aside Registrar’s Dismissal Order

In Scaini v. Prochnicki, the Ontario Court of Appeal reviewed the jurisprudence dealing with setting aside an order made by the registrar of the Superior Court, dismissing an action for failure to place it on a trial list within two … Continue reading

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C.A. Disallows Law Firm’s $60,000 Premium for Result “Beyond Wildest Expectation”

Last April, we began a post by remarking that “The law firm of Kramer Henderson had a very good day today.” Mr. Justice John Belleghem had allowed an appeal from a decision of an assessment office and had allowed a … Continue reading

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C.A. Says 15-Year “Ultimate Limitation Period” Runs from January 1, 2004

In an important decision, released today, the Court of Appeal in York Condominium Corporation No. 382 v. Jay-M Holdings Limited et al. reversed a ruling by Mr. Justice John Ground and held that if a claim is not discovered until January … Continue reading

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Divisional Court Overturns Order Requiring Production of Insurer’s In-house Lawyer’s File

In Smith v. London Life Insurance Company, the Divisional Court reversed an order made by Superior Court Justice Gordon Thomson, who had directed the defendant London Life to produce “its entire claims file arising from a prior action between the parties, including … Continue reading

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

Judge Finds “Staggering” Discrepancy Between Legal Fees of Successful Defendant and Losing Plaintiff

Justice Joan L. Lax’s decision in Antorisa Investments Ltd. v. 172965 Canada Limited et al. illustrates why legal fees are becoming such an important part of commercial litigation. Her ruling makes it clear that winners cannot expect to be indemnified by losers for … Continue reading

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Dangerous Driving Conviction Precludes Driver from Contesting Liability in Civil Action

The decision of Mr. Justice David M. Brown in Caci v. MacArthur raises some interesting questions relating to apportionment of fault. It also applied to this MVA action a line of decisions in sexual abuse cases, where defendants had not been … Continue reading

Posted in Evidence, Juries, Practice and Procedure, Trial Procedure | 1 Comment

Judge Criticizes Loose Practices Afflicting Court Approval of Settlements

In Marcoccia v. Gill, Mr. Justice John C. Wilkins has criticized, in rather strong language, various practices that have grown up around court approval under Rule 7.08, of settlements of claims by persons under legal disabilities. (These are what were … Continue reading

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Court Strikes Claim for Intentional Infliction of Mental Distress

In High Parklane Consulting Inc. v. Royal Group Technologies Limited, Mr. Justice Paul Perell struck out a claim for intentional infliction of mental distress, brought by the principal of a company that was itself a plaintiff, suing for breach of … Continue reading

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