Category Archives: Uncategorized

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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Costs: Mantella followed again

I admit that this case may only be of interest to those of us acting for insurers and at discounted hourly rates. But in Sigma Capital Management Group Inc. v. KPMG LLP & Benzer Ltd. v. KPMG LLP, 2014 ONSC … Continue reading

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C.A. Says No Need to Plead Discoverability Until Limitation Issue Raised In Defence

In Collins v. Cortez, released today, the Court of Appeal departed from some lower court decisions that had held that a plaintiff intending to rely on the discoverability principle to postpone the commencement of a limitation period must plead in … Continue reading

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Lawyers Can’t Review Experts’ Draft Reports and Suggest Revisions

UPDATE, June 4, 2014: I learned yesterday, at a meeting of the Civil Rules Committee, that the appeal of this decision is to be heard by the Court of Appeal during the week of September 22, 2014. I understand that … Continue reading

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Justice Brown Encourages Use of Junior Lawyers At Trial…But Not At Expense of Opposing Party

In Graat v. Adibfar, 2013 ONSC 3264 (CanLII), Justice David Brown fixed costs following the six-day trial of a medical malpractice action. The jury had dismissed the plaintiff’s claim and the defendant doctor sought costs of $74,732.59. The plaintiff suggested that … Continue reading

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Threshold Motion Results in Dismissal of Action (But Jury Awards $58,000.00 for Loss of Competitive Advantage)

Here’s a somewhat puzzling couple of decisions. In Jennings v. Latendresse, 2012 ONSC 6982 (CanLII), Justice John Cavarzan heard a threshold motion after the jury in this MVA trial had retired. In the decision linked to in the previous sentence, he … Continue reading

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Court of Appeal Says Breach of Covenant to Insure Gives Rise to Remedy In Damages

In Papapetrou v. 1054422 Ontario Ltd., the Court of Appeal dealt with a question that has hitherto received practically no attention from the courts: what are the consequences of a named insured party breaching a covenant to have another party … Continue reading

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