Monthly Archives: November 2008

C.A. Confirms that If Principal Claim Prescribed, So Are FLA Claims

In a very brief decision, the Court of Appeal today said, in Godoy v. 475920 Ontario Ltd., that “if the principal claim is statute-barred the derivative claim under the Family Law Act is also barred”. Here, the principal claim was … Continue reading

Posted in Discoverability, Limitation Periods | Leave a comment

Can Defendants Ever Make Effective Rule 49 Offers in MVA Cases?

We are indebted to Mark (“Billy Idol”) Charron of Williams McEnery for alerting us to the recent decision in Peterson v. Phillips. This is another case that deals with the relationship between offers to settle in MVA claims and the … Continue reading

Posted in Auto, Costs, Insurance News, Threshold | 1 Comment

Not “Quantum of Solace” But “Quantum of Claims”

In McCook v. Subramaniam, Master Ronald Dash considered whether to permit a plaintiff to add as a defendant his own auto insurer, under its underinsured motorist endorsement. The insurer resisted the motion on the basis that the plaintiff had not … Continue reading

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

Income Replacement Benefits Subject to Garnishment

Mr. Justice John Cavarzan has held, in Lease Truck Inc. v. Serbinek, that a creditor of an insured is entitled to garnishment of income replacement benefits. Once it receives notice of the garnishment, the insurer paying the accident benefits is … Continue reading

Posted in Auto, Insurance News | Leave a comment

Insurer Added as Third Party Under Insurance Act Permitted to Examine Insured for Discovery

Corrigendum: Our reference to the Master’s consideration of an Alberta case, Thompson v. McCallum, erroneously contained the following passage: “The insurer suspected that the insured had, in fact, been the driver.” The sentence should read, “The insurer suspected that the plaintiff … Continue reading

Posted in Insurance News | 1 Comment

C.A. Applies “Litigating Finger” Test to Add Defendants After Expiry of Limitation Period

In June, the Court of Appeal laid to rest a dispute that had persisted for more than four years: do courts still have the power to allow defendants to be added to actions after the expiry of the limitation period, on the … Continue reading

Posted in Limitation Periods | Leave a comment