Monthly Archives: July 2008

Judge Says Plaintiff Not Required to Pursue Claim Against Tortfeasor As Condition of Accessing Uninsured Motorist Coverage

[Addendum: This decision was upheld by the Court of Appeal on August 21, 2009.] Ontario auto insurers might be surprised to learn that the Insurance Act and the standard auto policy do not require persons claiming against the uninsured motorist coverage to pursue anyone whose negligence … Continue reading

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

C.A. Adopts Broad Interpretation of “Subcontractor” in CGL “Your Work” Exclusion

This afternoon, the Court of Appeal released its decision in AXA Insurance v. Ani-Wall Concrete Forming. (We previously commented here on the decision of Perell J. from which the appeal was taken.) The issue in the case was whether Ani-Wall … Continue reading

Posted in CGL, Exclusions, Insurance News | Leave a comment

Judge Says Offer Made “Without Prejudice” Not An Offer Under Rule 49

Roma Construction (Niagara) Ltd. v. Dykstra Bros. Roofing (1992) Limited was a dispute about roofing deficiencies. The plaintiff had served an offer to settle in a letter that was marked, “Without Prejudice”. The defendant had orally rejected the offer but, as the trial approached, … Continue reading

Posted in Practice and Procedure | Leave a comment

Divisional Court Reverses Order Striking Jury Notice Where Plaintiff A Muslim

In Kayhan v. Greve, the Divisional Court (Cunningham A.C.J., Stayshyn and Kiteley JJ.) considered whether the fact that the plaintiff in a personal injury action was a Muslim woman of Afghani descent was a sufficient basis to warrant striking the … Continue reading

Posted in Juries | Leave a comment

Defendants Negligent in Fatal Diving Accident, But Plaintiffs’ Recovery Barred by Release

We have been aware since June 9 of the release of the decision in Isildar v. Kanata Dive Supply, however the reasons have only now become available on CanLII.  They’re 250 pages long though, so perhaps it’s taken CanLII’s editors until … Continue reading

Posted in Contract, Waivers and releases | 1 Comment