Monthly Archives: December 2014

Covenant to insure bars misrepresentation suit by commercial tenant

D.L.G. & Associates Ltd. v. Minto Properties Inc., 2014 ONSC 7287 (CanLII), a decision of Justice Paul Perell, raises some questions as to how far-reaching are the effects of a covenant to insure between landlord and tenant. Justice Perell considered … Continue reading

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More costs uncertainty

A recent post commented on the dichotomy in the approaches followed by Ontario courts in fixing costs. Some use an objective approach (in which the Rules Committee’s “Information for the Profession” is the starting point and the actual hourly rate has … Continue reading

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Duty to indemnify sometimes broader than duty to defend?

Mr. Justice Timothy D. Ray just released a decision that is something of an anomaly: he ruled that a liability insurer did not owe a duty to defend two individuals who had been sued for defamation. But he acknowledged that … Continue reading

Posted in CGL, Duty to Defend, Insurance News | Leave a comment

Two-tier test for conflicts?

Justice Ian Nordheimer, sitting as a single judge of the Divisional Court, recently granted leave to appeal from a decision of Justice Alfred J. O’Marra. The latter had declared that the boutique law firm Lloyd Burns McInnis LLP (“LBM”) could continue as … Continue reading

Posted in Commercial Litigation, Lawyers, Practice and Procedure, Practice of Law | Leave a comment

Lawyers’ affidavits: beware!

Another decision of Justice Frederick L. Myers. I can’t help it, he’s very quotable. In Ferreira v. Cardenas, 2014 ONSC 7119 (CanLII), he was dealing with a motion for summary judgment on the liability issue in an action arising out of … Continue reading

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“Meta-costs” submissions?

I noticed recently that Justice Frederick L. Myers gave a decision in which he betrayed some unhappiness about so often having to adjudicate issues of costs. He made it clear that counsel should be able to settle costs and that if … Continue reading

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Partial indemnity costs: determined objectively or subjectively?

In TMS Lighting Ltd. v. KJS Transport Inc., Mr. Justice David Price made some comments about fixing partial indemnity costs that, I think, are noteworthy. He held unequivocally that the correct approach, at least in the first instance, is an objective … Continue reading

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