Monthly Archives: September 2007

Div. Ct. Says Defence Medical, Surveillance Report from Tort Claim Can’t Be Used in Subsequent AB Litigation

In Kitchenham v. AXA Insurance Canada, the Divisional Court has considered the “deemed undertaking” rule (Rule 30.1.01) in the context of personal injury litigation. The decision of the Court was written by Associate Chief Justice Douglas Cunningham, concurred in by … Continue reading

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

Master Orders Plaintiff to Produce Identical Copy of Hard Drive From Which Some of Its Productions Had Been Taken

Hummingbird v. Mustafa et al. involved some interesting issues in the evolving law of “e-discovery”. The defendants asked the court to order production of the hard drive of a computer that the defendant Mustafa had used while in the employ … Continue reading

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Notice of Intention to File Medical Reports, Business Records Must Be Given Even to Defendant Noted in Default

In Vointsev v. Irina International Tours Limited, Justice Julie Alexandra Thorburn had to deal with an interesting practice point. The plaintiff had claimed damages resulting from having fallen while on a tour of Toronto with the defendant, Irina International Tours … Continue reading

Posted in Evidence, Practice and Procedure | 2 Comments

Insurer Must Defend Lessor Although Car Driven by Excluded Driver

As if insurers needed more encouragement to tighten their procedures, the Court of Appeal today ordered Lombard Insurance to defend an action arising out of use of a car by an “excluded driver” because the insurer had not delivered a … Continue reading

Posted in Auto, Insurance News | 1 Comment

C.A. Says UIM Coverage Applies to “Every Person Who Is Entitled to Statutory Accident Benefits”

In McArdle v. Bugler, the Court of Appeal today held that a passenger in an uninsured vehicle, which had collided with another vehicle, was entitled to uninsured motorist insurance coverage applying to the second car. It held that the narrow … Continue reading

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

Court of Appeal Considers Apportionment of Fault in Multi-accident Cases

The Ontario Court of Appeal today released a decision dealing with apportionment of fault in tort. In Misko v. John Doe, a unanimous court (Justices Marc Rosenberg, wrote the reasons that were concurred in by Justices Eleanor Cronk and Eileen … Continue reading

Posted in Tort News | 2 Comments

Limitations Act, 2002 Has Removed Court’s Discretion to Add Parties Outside of Limitation Period, Based on “Special Circumstances”

Update: This decision was reversed by the Court of Appeal on December 3, 2008. Our thanks to Debra Rolph of LawPRO, who has notified us of a recent decision that did not find its way into CanLII (the Canadian Legal … Continue reading

Posted in Limitation Periods | 1 Comment

Trustee Act Limitation Bars FLA Claim

In Godoy v. 475920 Ontario Ltd., Mr. Justice Thomas R. Lederer considered whether the limitation period in s. 38(3) of the Trustee Act trumps the one in s. 61(4) of the Family Law Act. He held that it does. In … Continue reading

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Court Upholds Insurer’s Denial of Claim Where Premises “Vacant” for More Than 30 Days

In Zimmerman v. Royal & SunAlliance Insurance Company, Mr. Justice Barry Matheson agreed that an insurer was entitled to deny coverage under a homeowner’s policy where the premises had been vacant for about 65 days. The home had been damaged … Continue reading

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No “Risk Premiums” Even With Advent of “Full Indemnity” Costs

In Reaume v. Unifund Assurance, Justice Edward R. Browne was asked to consider the issue of “risk premiums” in an award of costs. Regular readers will recall that the Supreme Court of Canada said, in Ritchie v. Walker, that risk … Continue reading

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