Monthly Archives: March 2009

When It Comes to “Reasonableness” in Costs, Look Around to See Where You Are

This post relates to a decision that dates back to last December. We only recently became aware of it. Unfortunately, the case does not appear on CanLII, so we are unable to provide a link to the reasons. However, a … Continue reading

Posted in Costs | 1 Comment

Lawyer Swearing Affidavit Can’t Be “Informed” by “the File”

In Kailayapillai v. Azzam, Mr. Justice Theodore Matlow has addressed a very frequently recurring practice point: the proper form of lawyers’ affidavits on information and belief, where the source of the information is not another human being but rather, “the … Continue reading

Posted in Evidence, Practice and Procedure | Leave a comment

What Information Must Be Provided at Discovery, Regarding Surveillance?

Mr. Justice John Cavarzan has provided some clarification about a small point that not-infrequently comes up in personal injury litigation: what questions must the defendant answer about surveillance that has been undertaken on the plaintiff? The case is Marchese v. … Continue reading

Posted in Discovery, Practice and Procedure, Privilege | Leave a comment

Duty to Defend Determined, Not by Plaintiff’s Pleading, but by Defendant’s

Addendum: This case is of doubtful authority following the Court of Appeal’s decision in Meadows v. Meloche Monnex Insurance Brokers Inc., 2010 ONCA 394, released June 2, 2010. Glassford v. TD Home and Auto Insurance Company is an example of … Continue reading

Posted in Insurance News | 2 Comments

Threshold Decision Underlines Dichotomy Within Ontario Insurance Act

The Ontario legislature has chosen to confer upon judges (alone) the right to decide whether or not a plaintiff in an MVA action meets the statutory “threshold”, making him or her eligible to receive an award of non-pecuniary general damages. … Continue reading

Posted in Auto (Tort), Insurance News, Juries, Threshold | Leave a comment