Monthly Archives: February 2007

Passengers in Car Entitled to Liability Insurance Coverage for Claim by Inline Skater

In Morrow v. Symons, a young man was seriously injured while being towed on inline skates. He sued the driver of the car towing him, as well as three your men who were occupants of the car at the time. … Continue reading

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

C.A. Says No E & O Coverage for Law Firm Providing Investment Advice

In Cassels, Brock & Blackwell v. LawPRO, the Court of Appeal ruled that a duty to defend was not owed to the plaintiff law firm by its liability insurance carrier, the Lawyers’ Professional Indemnity Company (“LawPRO”). The policy contained an … Continue reading

Posted in Insurance News, Professional Liability | Leave a comment

SCOTUS Overturns Punitive Damages Award in Tobacco Case

The Supreme Court of the United States has overturned a $79.5 million punitive damages award made by an Oregon jury against cigarette manufacturer Philip Morris USA. In Philip Morris USA v. Williams, the widow of a heavy smoker named Jesse … Continue reading

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Voids in Soil Held to be “Property Damage”, Resulting in CGL Coverage

Madam Justice Janet Wilson of the Ontario Superior Court has released a significant decision in the interpretation of commercial general liability insurance policies. In York Region Condominium Corporation No. 772 v. Lombard Canada, she rejected coverage arguments raised by Lombard … Continue reading

Posted in CGL, Insurance News | 2 Comments

C.A. Reduces Damages to $1,000 but Upholds Trial Costs of $115,000

An odd decision from the Court of Appeal today in Aristorenas v. Comcare Health Services. At trial, the plaintiff was awarded damages of $55,000 and costs were agreed upon at $115,000. The parties also agreed that the costs did not … Continue reading

Posted in Costs, Practice and Procedure | Leave a comment

C.A. Says “Intentional or Criminal Act” Policy Exclusion Does Not Require Criminal AND Intentional Act

UPDATE: On August 23, 2007, the Supreme Court of Canada dismissed with costs an application for leave to appeal this decision. The original post follows. In Eichmanis v. Wawanesa, the Court of Appeal has clarified the intepretation to be placed on … Continue reading

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Defendants Ordered to Pay Costs Where Claims Representative Failed to Attend Mediation in Person

In Laporte v. Ridgewell, Master Lou Anne M. Pope ordered the defendants to pay costs where the claims representative of the defendants’ insurer balked at travelling from outside Windsor for a mediation. The defendants had proposed to have the claims representative participate … Continue reading

Posted in Insurance News, Practice and Procedure | 1 Comment

“Small cases cannot carry big fees any more than you can make a winter coat out of a small scrap of cloth”

In Stratton Electric Limited v. Guarantee Company of North America et al., Mr. Justice G. Dennis Lane of the Ontario Superior Court was required to fix costs of the successful defendant, Guarantee Company of North America, in an action that had … Continue reading

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Court Cites “Massive Overkill” Where Total Legal Costs Exceed $400,000, Judgment for Less than $30,000

In Dinsmore v. Southwood Lakes Holdings Ltd., Mr. Justice John H. Brockenshire had some interesting things to say about costs. This action involved the cost of remedying a damp basement in a townhouse. It proceeded to trial under ordinary procedure, although … Continue reading

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S.C.C. Reaffirms Primacy of “But For” Test for Causation

In an important ruling for tort litigation, the Supreme Court of Canada today allowed an appeal from a decision of the Alberta Court of Appeal which dealt with the issues of “foreseeability” and “causation”. In the course of its reasons, … Continue reading

Posted in Evidence | 1 Comment