Monthly Archives: September 2006

C.A. Reverses Colleague, Holds that Counsel’s Memorandum of Discussion with Expert Not Producible

A three-member panel of the Court of Appeal today reversed a July decision of a single judge of that court. The earlier decision of Gillese J.A. was the subject of a previous posting in our blawg (“C.A. Takes Expansive View … Continue reading

Posted in Discovery, Evidence, Practice and Procedure, Privilege | Leave a comment

Manufacturer Not Liable for Fire Resulting from Misuse of Product

  Mr. Justice Gordon Sedgwick handed down an interesting decision last week in a products liability case. In Tudor Inn Reception Hall (1992) Ltd. v. Merzat Industries Ltd., a fire occurred at an Ottawa banquet hall in 1999. The owner had … Continue reading

Posted in Fires, Products Liability, Tort News | Leave a comment

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 | 4 Comments

$1 M Underinsured Endorsement Must Respond in Addition to $1 M Liability Coverage

Corrigendum The post below has been revised to correct an error that appeared in the original version. Colleen Morrison was both the owner and operator of her car; the earlier post had identified her only as owner and her husband as operator. … Continue reading

Posted in Auto, Insurance News | 5 Comments

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 | Leave a comment

FLA Plaintiffs Can’t Accept Offer to Settle Unless Injured Person Also Accepts

As many of our readers will know, Mr. Justice Tom Granger runs a competing litigation update service. He competes rather unfairly though; he circulates recipes, puzzles, jokes and other content, in a shameless effort to induce readers to subscribe to his … Continue reading

Posted in Practice and Procedure | 1 Comment