Monthly Archives: October 2007

Defendant’s Offer to Consent to Dismissal Without Costs Entitles It to Substantial Indemnity Costs

At the trial of Dunstan v. Flying J. Travel Plaza, a slip and fall case, the jury found that the defendant was not liable to the plaintiff. Accordingly, the action was dismissed. The trial judge’s disposition of the costs issue … Continue reading

Posted in Costs | Leave a comment

CGL Exclusions Held Not to Apply

AXA Insurance (Canada) v. Ani-Wall Concrete Forming Inc. involved the familiar “your work”, “your product” and “rip and tear” exclusions in a CGL policy. A concrete forming contractor, Ani-Wall Concrete Forming, was alleged to have used defective concrete in constructing … Continue reading

Posted in CGL, Exclusions, Insurance News | 2 Comments

C.A. Finds Vendor of Spare Parts for Pool Liable for Failure to Warn

By a 2-1 margin, the Court of Appeal allowed an appeal by the plaintiffs and imposed liability on one of the defendants for a catastrophic swimming pool accident that had left a young girl a quadriplegic. In reaching its decision, … Continue reading

Posted in Products Liability, Tort News | 1 Comment

S.C.C. Allows Appeals in Herbison and Vytlingam

Good news for auto insurers today from the Supreme Court. The insurers’ appeals in Citadel General Assurance Co. v. Vytlingam and Lumbermens Mutual Casualty Co. v. Herbison were successful. Both cases turned on the interpretation of the phrase, “arising directly or indirectly … Continue reading

Posted in Auto, Insurance News | 2 Comments

C.A. Encourages Auto Insurers to Make Offers Without Applying IA Deductible

 Some very good news for the plaintiff’s bar today, from the Court of Appeal: insurers’ offers to settle in MVA cases should contain “cushions” against the statutory deductibles. In Rider et al. v. Dydyk, the Court (Justices Jurianz, MacPherson and … Continue reading

Posted in Auto, Costs, Insurance News, Practice and Procedure | 1 Comment

C.A. Says Insurance Act Bars All Auto Tort Claims for Property Damage

In a case that has already received a lot of attention from the insurance industry, the Court of Appeal held in Clarendon National Insurance et al. v. Candow that where it applies, s. 263 of the Insurance Act bars all tort … Continue reading

Posted in Auto, Insurance News | 1 Comment