Monthly Archives: February 2006

Brak v. Walsh (New Threshold Decision)

A decision dealing with the Insurance Act threshold was released this afternoon by Superior Court Justice Gordon Killeen, in Brak v. Walsh. Justice Killeen found that, in this case, the threshold had not been met. This was a motor vehicle case … Continue reading

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S.C.C. Grants Leave in Citadel v. Vytlingam

The Supreme Court of Canada this morning granted leave to Citadel Insurance to appeal last year’s decision of the Ontario Court of Appeal in Vytlingam v. Farmer et al. Subscribers will recall that in that case, three North Carolina youths placed … Continue reading

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PIPEDA Complaint Based on IME is Ruled “Not Well-Founded”

The Assistant Privacy Commissioner has rejected a complaint by insureds who alleged that their accident benefits had been terminated because of their refusal to attend an “independent medical examination” (“IME”) which had been scheduled by the insurer. The Assistant Commissioner found … Continue reading

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Important Costs Decision

Awards of costs have increased substantially since 2002, making costs a key ingredient of many lawsuits. Last week, the Divisional Court released a comprehensive review of the principles to be applied by courts in assessing costs. This is the first … Continue reading

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Two Courts Refuse to Overturn Settlements

Two cases today addressed the question of when a settlement is enforceable. One was a Court of Appeal decision: Mohammed v. York Fire and Casualty Insurance Company. The other was a decision of Justice Denis Power of the Ontario Superior … Continue reading

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Quebec Slip and Fall Claim Permitted to Proceed in Ontario

Mr. Justice Paul Perell, a recent appointee to the Ontario Superior Court, has ruled that an Ontario resident who fell and injured herself at her brother’s Quebec home, can nevertheless pursue a claim for damages in an Ontario court. In … Continue reading

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C.A. Finds Trial Judge Set Causation Bar Too High in Slip and Fall Case

This afternoon, the Court of Appeal released its decision in Kamin v. Kawartha Dairy Limited. This was an occupier’s liability case that had been decided by Madam Justice Sarah Pepall in March, 2004. You can read the trial decision here. … Continue reading

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Insurer Successfully Sues Its Defence Counsel for Trial Loss

In a case that may be of interest to LawPRO examiners as a possible harbinger of things to come in this country, an American insurer, dissatisfied with the outcome of a suit that it took to trial, has sued its … Continue reading

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Another C.A. Decision on “Ownership, Use or Operation”

Yesterday, the Court of Appeal dismissed the plaintiff’s appeal in Blight v. Axa and Royal & SunAlliance Insurance Company. Our firm acted for the successful respondent, Royal & SunAlliance. Royal insured a tenant and the issue was whether the policy … Continue reading

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15 Year “Absolute” Limitation Period Bars Claim for 1978 Negligence

York Condominium Corporation No. 382 v. Jay-M Holdings Ltd. et al. is the first case that we have seen that has interpreted the 15 year “absolute” limitation period found in s. 15 of the Limitations Act, 2002. There was no … Continue reading

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