Monthly Archives: April 2007

Plaintiff Can’t Add Third Party Driver as Defendant, Where Conscious Decision Was Made Not to Sue

In Biancale v. Vieyra, Mr. Justice David Crane dismissed a plaintiff’s motion to add, as a defendant in the proceeding, one of two drivers involved in the accident in which the plaintiff had been injured. The amendment was sought after … Continue reading

Posted in Auto, Insurance News, Limitation Periods, Uninsured or Underinsured | Leave a comment

$400,000 in Interest Payable on 10 Years’ of Accident Benefits Improperly Terminated in 1997 (but Plaintiff had Fully Recovered by 1998!)

A new decision of the Ontario Superior Court is a painful reminder to auto insurers of the importance of following the correct procedure in terminating statutory accident benefits. The failure of the insurer to use the correct form of notice … Continue reading

Posted in Auto, Collateral Benefits, Insurance News | Leave a comment

Plaintiff Not Catastrophically Injured Where Two GCS Readings Below 10/15 in First 30 Minutes after Accident

UPDATE: this decision was reversed by the Court of Appeal on July 17, 2009. The reasons of the Court may be accessed here. The panel agreed that, the plaintiff having had a Glasgow Coma Scale reading of 9/15 within a … Continue reading

Posted in Auto, Damages, Insurance News | 1 Comment

Master Lifts Deemed Undertaking Rule Where Plaintiff Utters Threats in Course of IME

In Guindon v. VIA Rail, an interesting (but unusual) case, Master Robert Beaudoin ordered that ViIA Rail was not bound by the deemed undertaking rule (Rule 30.1) where the plaintiff had uttered threats in the course of an independent medical … Continue reading

Posted in Discovery, Practice and Procedure | Leave a comment

C.A.’s First post-Resurfice Discussion of “But For” Causation Test

In Barker v. Montfort Hospital, released last week, the Court of Appeal had its first opportunity of considering the Supreme Court of Canada’s recent decision in Resurfice Corp. v. Hanke. (Readers will recall that in the latter case, the Supreme … Continue reading

Posted in Tort News | 4 Comments

Offer to Contribute Should Attract Substantial Indemnity Costs

In Caci v. MacArthur, Mr. Justice David Brown held that a defendant who achieved a better result at trial than an offer to contribute that it had made to a co-defendant, was entitled to costs on a substantial indemnity basis … Continue reading

Posted in Costs | Leave a comment

Court Rules Evidence of Marine Accident Reconstruction Expert Inadmissible

 In Laudon v. Roberts, Mr. Justice Guy D. DiTomaso ruled that an expert witness retained by the plaintiff could not testify at trial. The action was one for personal injuries arising out of a boating accident. The plaintiff had been a passenger … Continue reading

Posted in Evidence, Trial Procedure | 1 Comment

Master Orders Insurer to Produce Its Schedule B Documents

  Back in January, we posted a commentary about the Divisional Court’s decision in Smith v. London Life. The case dealt with production of an insurer’s file in a first party claim that was based on allegations of bad faith on … Continue reading

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

Medical Malpractice Action by Mental Incompetent Has Two Year Limitation Period Where Litigation Guardian Appointed

In St. Jean v. Cheung, Mr. Justice John C. Murray undertook a detailed analysis of how the Limitations Act, 2002 has changed the law of limitations as it applies to claims on behalf of persons under a legal disability. While … Continue reading

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