Monthly Archives: July 2007

Whither “Special Circumstances”?

UPDATE: A number of readers have inquired about the outcome of the motion in which our firm is involved and which is referred to in this post. The motion did begin, but the judge hearing it decided that he had a … Continue reading

Posted in Limitation Periods | 1 Comment

Master Says Communications with Paralegal Are Privileged (in this case, at least)

In what is apparently the first case to consider the issue, Master R. Dash has held that communications passing between a paralegal and his client were privileged from production in a civil action. The case is an interesting one, partly … Continue reading

Posted in Practice and Procedure, Privilege | Leave a comment

Impairment “Permanent”, “Important”, But Not “Serious”

In Kourtesis v. Joris, Mr. Justice Edward R. Brown dismissed an action for damages arising out of a motor vehicle accident that occurred during the “Bill 59” regime of the Insurance Act. He held that the plaintiff’s chronic pain injuries … Continue reading

Posted in Auto, Insurance News, Threshold | Leave a comment

Insurer Owes No Duty to Defend Additional Named Insured When It is Already Defending Named Insured

Madam Justice Nancy M. Mossip has refused to order an insurer to undertake, in whole or in part, the defence of an additional named insured. She reasoned that since the insurer was already defending its named insured, there was no … Continue reading

Posted in CGL | 2 Comments

Jolly Jurist Juxtaposes Jocosely in Judgment

Mr. Justice David M. Brown hasn’t been a judge for very long (he was appointed to the Superior Court on September 14, 2006). Maybe he hasn’t lost his sense of humour. Or maybe the opposite is true: the job is … Continue reading

Posted in Insurance News | Leave a comment

Death Benefits Not Deductible from Tort Damages

In brief supplementary reasons, given in Wright v. Hannon (the original reasons for judgment can be accessed here), Mr. Justice Randall S. Echlin held (or perhaps “confirmed” would be a better word), that statutory accident death benefits are properly characterized as … Continue reading

Posted in Collateral Benefits | 2 Comments

Defence Counsel Praised for High Quality of Work but Judge Says Law Clerks Should Have Been Used More

In 1175777 Ontario Limited v. Magna International Inc., Madam Justice Carolyn J. Horkins of the Ontario Superior Court had to fix costs following a 14-day trial in which she had found for the defendants. The plaintiff had sued Magna and … Continue reading

Posted in Costs | Leave a comment

C.A Says Underinsured Auto Endorsement Does Not Cover Accident in Jamaica

In Pilot Insurance Company v. Sutherland, the Court of Appeal (Justices Rosenberg, Gillese and Lang) allowed an appeal from a decision of Madam Justice Margaret Eberhard of the Superior Court. Her Honour had held that a territorial limitation contained in … Continue reading

Posted in Auto, Uninsured or Underinsured | Leave a comment

Settlement Agreements to be Evaluated Objectively, Not Subjectively: C.A.

In Olivieri v. Sherman et al., the Court of Appeal today allowed an appeal from a decision of Justice Colin Campbell, in which His Honour had refused to enforce a settlement of a defamation suit, involving claims for millions of … Continue reading

Posted in Contract, Practice and Procedure | Leave a comment