Monthly Archives: October 2008

Owner “Relinquished Dominion and Control” of Car, But Her Consent to Possession by Driver Still Necessary?

In Seegmiller v. Langer, Justice George R. Strathy reviewed the law with respect to when the owner of an automobile will be liable when someone else drives it and is involved in an accident. His reasons contain a useful review … Continue reading

Posted in Auto, Insurance News | Leave a comment

Limitation Period for MVA Pecuniary Claims Follows That of Non-pecuniary Claims, Says Superior Court

Hard on the heels of the Court of Appeal’s decision in Grewal v. Ivany, released last Friday, Mr. Justice Paul Perell has delivered reasons in Ng v. Beline that address one of the issues considered in Grewal: in personal injury … Continue reading

Posted in Discoverability, Limitation Periods, Threshold | 3 Comments

C.A. Says “One in Four” Chance of Avoiding Accident Doesn’t Meet Causation Threshold

In a brief but interesting decision handed down today, the Court of Appeal allowed an appeal by a third party who had been found liable at trial. The trial judge had found  had that tortfeasor not been negligent, another tortfeasor’s chances of avoiding an accident would have … Continue reading

Posted in Tort News | Leave a comment

C.A. Opens Door to Multiple Limitation Periods in MVA Cases

[Addendum: Since this decision was released and our commentary posted, Mr. Justice Paul Perell has released reasons in Ng v. Beline that deal directly with the issue discussed in this post. It appears that neither the Court of Appeal nor … Continue reading

Posted in Discoverability, Limitation Periods, Threshold | 2 Comments