Monthly Archives: April 2005

S.C.C. Looks Again at Standard of Review

The Supreme Court of Canada has today released an interesting decision in which it has reaffirmed the standard of review to be applied by appellate courts in Canada : “palpable and overriding error”. In H.L. v. Canada (Attorney General), the … Continue reading

Posted in Damages, Practice and Procedure | Leave a comment

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 | Leave a comment

Summary Judgment in Head-on Collision Case

In Hussain v. Uddin, Mr. Justice Gerald F. Day has taken the somewhat unusual step of granting a defence motion for summary judgment in an action arising out of a motor vehicle accident. The moving defendants, Mr. and Mrs. Noack, … Continue reading

Posted in Auto (Tort), Practice and Procedure, Tort News | Leave a comment

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 | Leave a comment

Culligan Man Liable for Dead Flies in Bottled Water

Today’s case isn’t particularly earth-shattering, but it’s of some interest to students of tort law. The case is Mustapha v. Culligan of Canada Ltd. (reasons for judgment attached, courtesy of Mr. Justice Thomas Granger of the Ontario Superior Court). The … Continue reading

Posted in Products Liability, Tort News | Leave a comment

C.A. Says Father and Daugher Were “Co-owners” of Car

In Mazur v. Elias, the Court of Appeal has endorsed the notion of “co-ownership” of automobiles. The case involves the often-seen fact pattern of a car being purchased by one person but licensed and insured in the name of another. … Continue reading

Posted in Auto, Insurance News | Leave a comment

Court Says Repair Costs Like Environmental Cleanup — CGL Must Pay

We are happy to report that The Canadian Legal LEXPERT Directory for 2005 lists Steve Cavanagh as a “Leading Practitioner” in “Civil Litigation—Commercial Insurance”, one of only five lawyers in eastern Ontario to be so recognized. Congratulations also to the … Continue reading

Posted in CGL, Environmental, Insurance News | Leave a comment

Court Allocates Defence Costs in Sexual Abuse Case

 In finding that an insurer has a duty to defend a sexual abuse claim, a Superior Court judge took the unusual extra step of allocating defence costs: 20% payable by the insurer and the 80% by the insured. The case … Continue reading

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