Monthly Archives: May 2013

Justice Quinn Clarifies Privilege Issues in Insurance Cases

I was happy to read the reasons of Justice Joseph W. Quinn in Panetta v. Retrocom et al., 2013 ONSC 2386 (CanLII) because, to my mind, they bring a great deal of clarity to what I find is an often-misunderstood topic: … Continue reading

Posted in Discovery, Practice and Procedure, Privilege | 7 Comments

Cases Take Different Approaches to Exclusion of Plaintiffs from Each Other’s Examination for Discovery

In a recent ruling, Mr. Justice Robert Smith was asked to order that three plaintiffs in a personal injury action be examined for discovery in the absence of each other. The case is Heasley v. Labelle, 2013 ONSC 2601 (CanLII). One … Continue reading

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

C.A. Upholds Contractual Incorporation of One-Year Limitation Period Into Property Insurance Policy

In Boyce v. The Co-operators General Insurance Company, 2013 ONCA 298, the Court of Appeal has reversed the decision of Mr. Justice Michael Quigley, a ruling that I discussed in a comment last year. The Court of Appeal held that Justice Quigley had … Continue reading

Posted in Fire Insurance, Insurance News, Limitation Periods | Leave a comment

C.A. Penalizes Insurer For Refusing to Mediate

In Williston v. Hamilton (Police Service), 2013 ONCA 296, the Court of Appeal considered whether to make an “augmented award of costs” on the basis that the defendant, the City of Hamilton, had refused requests to engage in mediation pursuant to … Continue reading

Posted in Auto, Costs | Leave a comment

Recent “Additional Insured” Cases Take Differing Approaches to Allocation of Defence Costs

Georgian Downs Limited v. State Farm Fire and Casualty Company, 2013 ONSC 2110 (CanLII) is a recent decision on the subject of additional insureds, about which I have written in earlier posts. (See particularly here.) The decision of Justice Gregory … Continue reading

Posted in Allocation of Defence Costs, CGL, Duty to Defend, Insurance News | Leave a comment