Monthly Archives: November 2007

Court Approves Contingency Fee of $4.2 Million in Birth Injury Case

UPDATE: CanLII now has an active link to the reasons in this case. You can access it here. Accordingly, we have removed the PDF link that formerly appeared as part of this post. Mr. Justice Robert Smith has released a significant decision … Continue reading

Posted in Costs, Lawyers | 1 Comment

Court Holds That Plaintiff’s Rule 49 Offer Must Take Into Account Future Accident Benefits

Abel v. Hamelin Costs Reasons Our post about the Montebello Civil Litigation Conference contained a brief discussion of a recent costs decision by Mr. Justice Charles Hackland in Abel v. Hamelin. We now have a copy of the reasons and … Continue reading

Posted in Auto, Auto (Tort), Costs, Insurance News, Practice and Procedure | Leave a comment

Report From Montebello (2007)

The 2007 edition of the Montebello Civil Litigation Conference has ended. Our Heather Williams is the conference co-chair and Susanne Sviergula is on the organizing committee. The conference featured numerous visiting guests, each of whom lavished praise on the conference … Continue reading

Posted in Auto, Costs, Insurance News, Juries, Practice and Procedure | Leave a comment

Osborne Report on Civil Justice Reform Released

Former Associate Chief Justice Coulter Osborne has released his Civil Justice Reform Project. He is scheduled to address the Montebello Civil Litigation Conference tomorrow and the Attorney-General is to speak at the conference today. The report can be viewed here. … Continue reading

Posted in Practice and Procedure | Leave a comment

Another Defendant Receives Substantial Indemnity Costs

In Davies v. The Corporation of the Municipality of Clarington, Madam Justice J.E. Ferguson of the Ontario Superior Court was fixing costs in an action in which one of the defendants, “Blue Circle”, had been successful in having the claim … Continue reading

Posted in Costs | 3 Comments

C.A. Dismisses Appeal in 9/11 Defamation Case But Recognizes “Public Interest Responsible Journalism” Defence

The Court of Appeal today released its ruling in Cusson v. Quan, Ottawa Citizen et al. The case is an important one in the law of defamation and, in particular, to defences available to the media. The court dismissed an appeal … Continue reading

Posted in Defamation | Leave a comment

Rule 53.03 Doesn’t Apply to Expert Witnesses Not Retained for Purposes of the Litigation

Subrule 53.03(1) of the Rules of Civil Procedure provides that, “[a] party who intends to call an expert witness at trial shall, not less than 90 days before the commencement of the trial, serve on every other party to the … Continue reading

Posted in Evidence, Practice and Procedure, Trial Procedure | 1 Comment

Soft Tissue Injury Found to Meet Bill 59 Threshold

Podleszanski v. Medley was a personal injury action arising out of a motor vehicle accident. Mr. Justice Alan W. Bryant ruled on a threshold motion brought by the defence while the jury was deliberating at trial. Holding that the plaintiff … Continue reading

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

Master’s Decision Reviews Factors Influencing Changing Place of Trial Selected by Plaintiff

In Rushnell v. Corporation of the City of Belleville, the plaintiff had been struck by a bus owned by the City of Belleville. The accident had taken place there. The plaintiff’s solicitors had named Toronto (where their office was located) … Continue reading

Posted in Practice and Procedure | Leave a comment

Court Dismisses Uninsured Claim on Basis of Waiver of Subrogation Clause in Lease

Posted in Contract, Insurance News, Subrogation | 1 Comment