Monthly Archives: November 2005

Plaintiff Permitted to Increase Claim to $4 M Over Policy Limits

In Bach v. McKellar, released this afternoon, Master Robert Beaudoin dealt with a situation that arises frequently in insurance litigation. The claim arose out of a motor vehicle accident. The original pleading, issued within the two-year limitation period, claimed damages … Continue reading

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Report from Montebello

The conference marked its twenty-fifth anniversary this year. It has become one of the premier continuing education programs for civil litigators in this province. Our own Heather Williams is one of the organizers and we are proud of her contribution. Continue reading

Posted in Auto, Damages, Insurance News, Threshold | Leave a comment

C.A. Says Motions Judges Shouldn’t Decide Difficult Questions of Law

In a decision released this afternoon, the Court of Appeal has taken a rather narrow view of the powers of lower court judges to decide legal issues prior to trial. It is well-recognized, that motions judges may not decide factual issues, … Continue reading

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S.C.C. to Hear Costs Premium Case

Yesterday, the Supreme Court of Canada granted leave to appeal the Ontario Court of Appeal’s decision in Walker v. Ritchie, on the issue of a costs premium ordered to be paid by a defendant. The case arose out of a 1997 … Continue reading

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Insureds Ordered to Pay $1 Million in Costs After Jury Dismisses Bad Faith Claim

An Oakville couple has been ordered by an Ontario Superior Court Justice Kendra Coats to pay more than $1 million in costs after a jury dismissed their action against their insurer. In DiBattista v. Wawanesa Mutual Insurance Company et al., … Continue reading

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“Absolute Liability”? Not Quite

In Winch v. Kedgh, a case that will be of interest to automobile insurers, Mr. Justice Paul Perell of the Ontario Superior Court has ruled that an injured claimant had no recourse against a tortfeasor’s liability insurance policy, despite the … Continue reading

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Myofascial Pain Injury is Permanent, Important, but not Serious

An Ottawa Superior Court judge has dismissed a claim for personal injuries arising out of a 2000 motor vehicle accident, on the basis that plaintiff did not meet the Insurance Act “threshold”. The court was satisfied that the injury was … Continue reading

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Careless Smoking a Nuisance

We have attached a copy of the reasons for judgment in Kinsmen et al. v. Walker Estate, a decision of Mr. Justice Denis Power that was handed down last week. Our firm acted for the plaintiffs in this subrogated claim for … Continue reading

Posted in Fires, Insurance News | Leave a comment


In St. Denis v. TD Insurance, decided on October 9, an Ontario Superior Court judge considered the one-year limitation period for theft claims in the standard Ontario auto policy. (The limitation, found in statutory condition 9, relates to claims for … Continue reading

Posted in Auto, Insurance News, Limitation Periods | Leave a comment