Monthly Archives: August 2008

C.A. Upholds Dismissal of Third Party Claim Against Plaintiff’s Lawyer

In Macchi S.P.A. v. New Solution Extrusion Inc., the Court of Appeal (Justices Rosenberg, Gillese and Blair) upheld the dismissal, by Mr. Justice Herman Wilton-Siegel, of a third party claim brought by the plaintiff against the defendants’ former lawyer. (The … Continue reading

Posted in Practice and Procedure, Professional Liability | 1 Comment

Subrogation by Landlord’s Insurer Permitted Despite Tenant’s Rent Being Applied to Landlord’s Insurance Premiums

1044589 Ontario Inc. (Nantucket Business Centre) dealt with the frequently-litigated issue of the right of a landlord’s insurer to advance a subrogated claim against a tenant. Here, Madam Justice Ruth E. Mesbur held that the landlord’s insurer was entitled to … Continue reading

Posted in Fire Insurance, Insurance News, Subrogation | Leave a comment

Judge Applies “But For” in Slip and Fall Case

In Cartner v. Burlington (City), a recent slip and fall action, Mr. Justice Michael Quigley found for the plaintiffs. In doing so, he applied the “but for” test of causation that was endorsed by the Supreme COurt of Canada in … Continue reading

Posted in Municipalities, Occupier's Liability, Tort News | 1 Comment