Monthly Archives: July 2006

No Costs Outline? No Award of Costs, Says Master

We were interested to read Master Julian Polika’s decision in Cango Inc. v. D. & S. Equipment Ltd. Not so much for the substance of the decision (striking a pleading for referring to settlement negotiations). Rather, it was the ruling with respect … Continue reading

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C.A. Takes Expansive View of Expert’s Producible “Findings, Opinions and Conclusions”

UPDATE: This decision was reversed by a 3-member panel of the Court of Appeal on September 20, 2006. See our post.  Justice Gillese of the Ontario Court of Appeal yesterday released a ruling that will be of importance to all civil … Continue reading

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Court Refuses to Require Insurer to Defend Underlying Action Where Coverage Denied

In Shah v. Becamon, the plaintiff was injured when the defendant accidentally pressed her car’s accelerator pedal in a shopping centre parking lot, causing the car to lurch forward and strike the plaintiff. The defendant held only a G-1 licence. … Continue reading

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Lump Sum Offer to Several Plaintiffs Triggers Rule 49 Costs Consequences

In Fragomeni v. Ontario Corporation 1080486, Madam Justice Deena F. Baltman had to contend with a practical problem relating to Rule 49 offers to settle. Where there are several plaintiffs, can a defendant make an effective offer to settle to … Continue reading

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Leave to Appeal Denied, Where Trial Judge Refused Costs to Successful Defendant

In a somewhat surprising decision, the Divisional Court has denied leave to appeal a trial judge’s refusal to award costs to a successful defendant in a personal injury action. Dinham v. Brejkaln arose out of a motor vehicle accident. The defendant was … Continue reading

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C.A. Says Purchaser of House Bound to Complete Deal

  Today, the Court of Appeal released a short ruling in a case involving a disputed real estate transaction. Its reasons are of interest to practitioners in contract law generally, since they show a marked reluctance to allow a party … Continue reading

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Insurer’s Failure to Observe SABS Timeline Doesn’t Disentitle It to CAT DAC Assessment

Despite the mandatory language of the SABS time requirements (the insurer “shall”…), a Superior Court judge has held that an insurer’s failure to comply with those requirements in setting up a CAT DAC assessment does not mean that it loses its right … Continue reading

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