Monthly Archives: March 2007

Privacy Commissioner Says Adjuster’s Request for 5 Years of Medical Records Might Have Exceeded Scope of Authorization

In PIPEDA case #362, an insurance adjuster had obtained from an accidents benefits claimant a release for medical records. The document read as follows: I hereby authorize any doctor, hospital, clinic, institution or person, possessing information or medical records on … Continue reading

Posted in Insurance News, Privacy | Leave a comment

Judge Finds No Solicitor-Client Privilege Where Communication in Furtherance of a Tort

It is well-established that solicitor-client privilege will be lost where the communication between lawyer and client is in furtherance of a crime.  In Dublin v. Montessori Jewish Day School of Toronto, Mr. Justice Paul Perell ruled that the same result follows … Continue reading

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

Thorburn J. Discusses What’s Required for Court Approval of Settlements

In Rivera v. Leblond, Madam Justice Julie Ann Thorburn was asked to approve the settlement of the claim of a cyclist who had suffered a serious head injury when struck from behind by an automobile. In the course of her … Continue reading

Posted in Damages, Evidence, Insurance News, Practice and Procedure | Leave a comment

Not Necessarily Negligence to Allow Unlicensed Driver to Operate Car

In George v. Thach, Superior Court Justice Harvey Spiegel ruled that “The failure to possess a lawfully issued operator’s permit does not of itself constitute incompetence or inexperience.” Accordingly, the employer of an unlicensed driver was not vicariously liable for … Continue reading

Posted in Auto, Insurance News | Leave a comment

Court Refuses Amendment to Plead that Owner of Vehicle Was Also Employer of Driver

In Shuker v. Gagne, Mr. Justice Barry Matheson of the Ontario Superior Court refused to permit the plaintiffs to amend their statement of claim, to plead that a defendant who had already been sued in the capacity of owner of a … Continue reading

Posted in Auto, Discoverability, Insurance News, Limitation Periods, Practice and Procedure | Leave a comment

Divisional Court Upholds “Massive” Costs Award of $160,000 for One-day Motion

In Jazz Air LP v. Toronto Port Authority, the Divisional Court split 2-1 on whether to uphold a costs award of $160,000 made by Justice James Spence following a failed injunction motion. Justices Dennis Lane and Gladys Pardu supported the … Continue reading

Posted in Costs | Leave a comment