-
Recent Posts
Archives
- October 2015
- July 2015
- December 2014
- November 2014
- October 2014
- September 2014
- May 2014
- January 2014
- July 2013
- June 2013
- May 2013
- April 2013
- February 2013
- January 2013
- November 2012
- September 2012
- August 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- September 2011
- May 2011
- February 2011
- October 2010
- June 2010
- May 2010
- April 2010
- March 2010
- February 2010
- January 2010
- November 2009
- September 2009
- August 2009
- July 2009
- May 2009
- April 2009
- March 2009
- February 2009
- January 2009
- November 2008
- October 2008
- August 2008
- July 2008
- June 2008
- May 2008
- April 2008
- March 2008
- January 2008
- December 2007
- November 2007
- October 2007
- September 2007
- August 2007
- July 2007
- June 2007
- May 2007
- April 2007
- March 2007
- February 2007
- January 2007
- December 2006
- November 2006
- October 2006
- September 2006
- August 2006
- July 2006
- June 2006
- May 2006
- April 2006
- March 2006
- February 2006
- January 2006
- December 2005
- November 2005
- October 2005
- September 2005
- July 2005
- June 2005
- May 2005
- April 2005
- March 2005
- January 2005
- December 2004
- November 2004
- October 2004
- September 2004
- July 2004
- June 2004
- May 2004
- April 2004
- March 2004
- December 2003
- November 2003
- May 2003
- April 2003
Categories
- Advertising Injury
- Allocation of Defence Costs
- Appeals
- Auto
- Auto (Tort)
- CGL
- Collateral Benefits
- Commercial Litigation
- Conflict of Laws
- Contract
- Costs
- Damages
- Defamation
- Discoverability
- Discovery
- Duty to Defend
- Environmental
- Evidence
- Exclusions
- Experts and Opinions
- Fire Insurance
- Fires
- FLA
- Insurance News
- Juries
- Lawyers
- Limitation Periods
- Litigation Technology
- Municipalities
- Occupier's Liability
- Pleadings
- Practice and Procedure
- Practice of Law
- Privacy
- Privilege
- Products Liability
- Professional Liability
- Risk Transfer
- Sale of Goods
- Social and Commercial Host Liability
- Subrogation
- Threshold
- Tort News
- Trial Procedure
- Uncategorized
- Uninsured or Underinsured
- Waivers and releases
Meta
Category Archives: Auto
Cohabiting
Justice David Little’s ruling in Stephens v. Stawecki makes it clear that, in determining whether a couple has “cohabited continuously for a period of not less than three years”, so as to make them “spouses” under s. 61 of the … Continue reading
Posted in Auto, Damages, FLA, Insurance News
Comments Off on Cohabiting
C.A. Says Its 2001 Decision in McNaughton v. Dominion Was Wrong
In David Polowin Real Estate Co. v. Dominion of Canada, released today, the Court of Appeal took the unusual step of reversing one of its own decisions. Not only that, the judge who wrote today’s decision (Justice John Laskin) was … Continue reading
Posted in Auto, Insurance News
Comments Off on C.A. Says Its 2001 Decision in McNaughton v. Dominion Was Wrong
Another C.A. Ruling on Operation and Use of Automobile
An embarrassment of riches. The Court of Appeal has released a second decision this afternoon which deals with almost the identical issue as did Herbison v. Lumbermens. In Vytlingam v. Farmer, the underlying claim arose from a boulder having been … Continue reading
Posted in Auto, Insurance News
Comments Off on Another C.A. Ruling on Operation and Use of Automobile
C.A. Takes Latest Shot in Ownership, Use, Operation of an Automobile Debate
This afternoon, the Court of Appeal released its decision in Herbison v. Lumbermens Mutual Casualty. The Court allowed the claimant’s appeal and ruled that an auto insurer, Lumbermens, was obliged to indemnify its insured (“Wolfe”) against the tort liability he … Continue reading
Posted in Auto, Insurance News
Comments Off on C.A. Takes Latest Shot in Ownership, Use, Operation of an Automobile Debate
CPP Benefits Held Deductible from Income Loss Damages
In Meloche v. McKenzie, a decision of Mr. Justice Terrence Patterson, it was held that CPP disability benefits are deductible from an award of damages for pre-trial income loss in a Bill 59 motor vehicle case. It was also ordered … Continue reading
Posted in Auto, Collateral Benefits, Damages, Insurance News
Comments Off on CPP Benefits Held Deductible from Income Loss Damages
Fire Caused by Auto Repairs Not Covered by Tenant’s Liability Insurance
Attached is a copy of Justice Lally’s reasons in Blight v. AXA and Royal & SunAlliance, decided last Friday in Belleville. The court ruled that there was no liability coverage under a tenant’s insurance policy for a fire that broke … Continue reading
Posted in Auto, Insurance News
Comments Off on Fire Caused by Auto Repairs Not Covered by Tenant’s Liability Insurance
C.A. Finds Lessee of Vehicle Insured by Leasing Company’s Umbrella Policy
This afternoon, the Court of Appeal released its decision in Avis Rent-A-Car System Inc. v. Certas Direct Insurance Company. The ruling is an important one for car rental companies and their insurers. The Court held that a renter of a car … Continue reading
Posted in Auto, Insurance News
Comments Off on C.A. Finds Lessee of Vehicle Insured by Leasing Company’s Umbrella Policy
Back Injury Pierces Threshold
Lahay v. Henderson arose out of an MVA which left the plaintiff with soft tissue injuries, principally to his back. Liability was admitted. The trial judge ruled that the plaintiff, a manual labourer before the accident, would never be able … Continue reading
Posted in Auto, Insurance News, Threshold
Comments Off on Back Injury Pierces Threshold
Mistake as to Seriousness of Injury Does Not Extend Limitation Period
The “discoverability” principle does not permit a limitation period to be extended where a plaintiff delays suing because she does not, at first, realize the seriousness of her injury. This is what the Divisional Court ruled in Smith v. Toronto.In … Continue reading
Posted in Auto, Discoverability, Insurance News, Limitation Periods, Threshold
Comments Off on Mistake as to Seriousness of Injury Does Not Extend Limitation Period
Two Significant C.A. Personal Injury Decisions
Two decisions of importance to the personal injury bar and the insurance industry were released by the Court of Appeal this afternoon. They are Vollick v. Sheard and Walker v. Ritchie. Both cases involved the issue of whether an owner … Continue reading
Posted in Auto, Insurance News, Threshold
Comments Off on Two Significant C.A. Personal Injury Decisions