Monthly Archives: March 2008

Divisional Court Rules Polygraph Evidence Inadmissible in Civil Suit

In Petti v. George Coppel Jewellers Ltd., Mr. Justice Joseph W. Quinn, sitting as a judge of the Divisional Court, ordered a new trial of a Small Claims Court action, where the Deputy Judge had decided the case, in part, … Continue reading

Posted in Evidence, Practice and Procedure, Trial Procedure | Leave a comment

Civil Suit Barred by Findings at Criminal Trial (Even Though Plaintiffs Did Not Participate)

[UPDATE: On May 29, 2008, the Court of Appeal allowed an appeal from this decision. The Court’s reasons can be accessed here.] Polgrain Estate v. The Toronto East General Hospital, a decision of Mr. Justice Thomas R. Lederer, considered the … Continue reading

Posted in Practice and Procedure | 2 Comments

Third Party Claim Relating to Prior Accident Dismissed on Rule 21 Motion

In Willoughby v. Weber, Madam Justice Beth Anna Allen decided a Rule 21 motion involving the recurring problem of the same plaintiff being injured in multiple accidents. The motion sought the dismissal of a third party claim. Justice Allen granted … Continue reading

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

Former Negligence Act Limitation Period for Claim Over Applies to 2008 Claim Arising Out of 2001 MVA

In Davey v. Davey, Mr. Justice Dougald R. McDermid was dealing with a motion to amend the statement of claim in a motor vehicle case. The plaintiffs in one of two actions that had been ordered to be tried together … Continue reading

Posted in Limitation Periods, Practice and Procedure | 1 Comment

Action Against Insurer Pursuant to Uninsured Motorist Coverage Can Proceed Where Vehicle Driven Without Consent

In this case, Allianz Insurance was unsuccessful in its motion for summary judgment, dismissing a claim under its uninsured motorist coverage. In George v. George, the plaintiff rented a car from the defendant Enterprise-Rent-A-Car. He purchased insurance that included uninsured … Continue reading

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

Judge Says It’s “Clear” that Limitations Act, 2002 Has Removed Discretion to Provide Relief from Limitation Periods

Although the issue seems to be far from settled in the minds of some judges, Mr. Justice C. Stephen Glithero made the following unequivocal statement in Hughes v. Kennedy Automation Limited about the effect of s. 21(1) of the Limitations … Continue reading

Posted in Commercial Litigation, Discoverability, Limitation Periods | Leave a comment

Court Agrees that Limitation Period for Pre-2004 Loss Transfer Claim is Six Years

In Lloyd’s Underwriters v. The Dominion of Canada General Insurance Company, Mr. Justice George Strathy upheld a ruling by arbitrator Bruce Robinson, who had determined that the limitation period for a “loss transfer” claim under s. 275 of the Insurance … Continue reading

Posted in Auto, Insurance News | Leave a comment

Summary Judgment Granted in Medical Malpractice Case Where Plaintiff Fails to File Affidavits of Experts

In Suwary v. Women’s College Hospital, Mr. Justice George R. Strathy was dealing with a defence motion for summary judgment in a medical malpractice case. The key issue in the action was informed consent in relation to one of the … Continue reading

Posted in Practice and Procedure | Leave a comment

Divisional Court Slams Motions Judge’s Failure to Give Reasons

The Divisional Court strongly criticized another judge of the Superior Court, Mr. Justice James H. Clarke, for having dismissed a motion for leave to appeal in the following words: “Leave to appeal denied. Costs reserved to trial judge.” In MCAP … Continue reading

Posted in Practice and Procedure | Leave a comment

Court Finds Six-year Limitation Period Applies Where Accident Caused by Truck’s Tailgate Mechanism

The decision in Longley v. General Motors of Canada will only be relevant for a few more years, but it might be important until then. In this ruling by Mr. Justice Joseph R. Henderson, the issue was whether an action … Continue reading

Posted in Limitation Periods | Leave a comment