-
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: Damages
Court of Appeal Re-states Test for “Nervous Shock”
Last week, the Court of Appeal released an important decision, dealing with tort liability for “nervous shock”. In Mustapha v. Culligan of Canada Ltd., the Court allowed an appeal from the trial decision of Justice John H. Brockenshire, dated April … Continue reading
Posted in Damages, Products Liability, Tort News
Comments Off on Court of Appeal Re-states Test for “Nervous Shock”
C.A. Says Son In Mother’s “Control” Is Not Within Her “Care”, For SABS Purposes
In Oxford Mutual Insurance Company v. Co-operators General Insurance Company, released today, the Court of Appeal had to decide whether a claimant was “principally dependent” on his mother at the time of being injured in a motor vehicle accident. If … Continue reading
Posted in Auto, Collateral Benefits, Insurance News
Comments Off on C.A. Says Son In Mother’s “Control” Is Not Within Her “Care”, For SABS Purposes
C.A. Upholds Punitive Damages Award Against Impaired Driver
In a decision that will be of great interest to the insurance and personal injury bar, the Court of Appeal today released its reasons in McIntyre v. Grigg et al. In this case, the plaintiff was a pedestrian who suffered a … Continue reading
Posted in Auto, Auto (Tort), Damages, Insurance News, Social and Commercial Host Liability, Tort News
Comments Off on C.A. Upholds Punitive Damages Award Against Impaired Driver
Chronic Pain Plaintiff with “Questionable” Credibility “Just Barely” Meets Threshold
ADDENDUM Since our original post about this case, we were advised by Doug Smith, counsel for the defence, about some additional and pertinent facts. His comment appears at the end of this post but, in a nutshell, he told us … Continue reading
Posted in Auto, Collateral Benefits, Damages, FLA, Insurance News, Threshold
Comments Off on Chronic Pain Plaintiff with “Questionable” Credibility “Just Barely” Meets Threshold
No Contribution Claim by Driver in Second Accident Against Driver Who Injured Same Plaintiff in Earlier Accident
Note: a link to the Misko decision now appears in this post from last week. The summer languor is over and the new court decisions are coming thick and fast. We are obliged to Lawrence McRae of Bartlet & Richardes in Windsor, … Continue reading
Posted in Auto (Tort), Damages, Practice and Procedure, Tort News
Comments Off on No Contribution Claim by Driver in Second Accident Against Driver Who Injured Same Plaintiff in Earlier Accident
C.A. Says Insurers Can’t Sue to Challenge CAT DAC Finding, But Insureds Can
In a significant decision today, the Court of Appeal dismissed an appeal by Liberty Mutual Insurance Company from a ruling of Mr. Justice Geoffrey Morawetz, who had dismissed a lawsuit brought by Liberty, to dispute a CAT DAC assessment of … Continue reading
Posted in Auto, Collateral Benefits, Insurance News
Comments Off on C.A. Says Insurers Can’t Sue to Challenge CAT DAC Finding, But Insureds Can
Divisional Court Sets Out Defence Requirements to Establish Mitigation
In Branco v. Ephstein, a motor vehicle case, the Divisional Court has ordered a new trial, on the ground that the trial judge did not adequately explain to the jury the onus that arises where a defence of mitigation is … Continue reading
Posted in Auto (Tort), Damages, Practice and Procedure
Comments Off on Divisional Court Sets Out Defence Requirements to Establish Mitigation
No Reduction of Maximum Non-pecuniary Damages In Face of Large Pecuniary Damages Award
In the well-known case of Sandhu v. Wellington Place Apartments, the jury awarded to the plaintiff non-pecuniary general damages of $311,000. This is the current value of the $100,000 maximum award established by the Supreme Court of Canada in the … Continue reading
Posted in Damages, Practice and Procedure
Comments Off on No Reduction of Maximum Non-pecuniary Damages In Face of Large Pecuniary Damages Award
C.A. Upholds $500,000 Non-pecuniary Damages Award in Oil Spill Claim
In Westlake v. Granby Steel Tanks, the Court of Appeal reviewed the damages award made by a jury in an action arising out of an oil spill at the plaintiffs’ home. The plaintiffs were an elderly couple. Liability had … Continue reading
Posted in Damages, Products Liability
Comments Off on C.A. Upholds $500,000 Non-pecuniary Damages Award in Oil Spill Claim
General Accident v. Chrusz Finally Goes to Trial
Back in 1999, the Ontario Court of Appeal handed down its ruling in the case of General Accident Assurance Company et al. v. Chrusz et al. The decision became one of the leading cases in Ontario on the meaning of … Continue reading
Posted in Damages, Fire Insurance, Insurance News
Comments Off on General Accident v. Chrusz Finally Goes to Trial