Monthly Archives: November 2006

Negligent Placement of Ladder on Roof of Truck Excluded Under CGL

In Cumis General Insurance Company v. 1319273 Ontario Ltd., Mr. Justice David Brown dealt with an interesting coverage dispute. Cumis had applied for a ruling on whether it owed a duty to defend its insured, the numbered company, in an … Continue reading

Posted in CGL, Duty to Defend, Exclusions, Insurance News | 1 Comment

Montebello Post-Mortem

     Another successful Civil Litigation Update concluded at Chateau Montebello yesterday. The conference, now in its 26th year, was acclaimed by numerous visiting Superior Court and Court of Appeal judges as Ontario’s premiere continuing legal education program. We are proud … Continue reading

Posted in Auto, Costs, Insurance News, Juries, Threshold | 1 Comment

Court Says Plaintiff in AB Claim Can’t Add Insurer’s Lawyers as Defendants

Representing insurance companies is getting more hazardous all the time. In Succar v. Wawanesa Mutual Insurance Company, the plaintiff had sued Wawanesa for statutory accident benefits arising out of an MVA that occurred on January 1, 1994. Wawanesa had stopped … Continue reading

Posted in Auto, Insurance News, Lawyers | Leave a comment

No Right of Subrogation Under Builder’s Risk Policy

ADDENDUM This decision has been appealed. The notice of appeal was served on November 28, 2006. So, it appears that the Court of Appeal will be re-visiting the issue of waiver of subrogation in a builder’s risk context. The appeal … Continue reading

Posted in Insurance News | Leave a comment

Auto Insurer Not Entitled to Reimbursement from Insured for Settlement with Plaintiff Without Insured’s Consent or Judgment Against Plaintiff

REVISION We have now obtained the unreported reasons of Mr. Justice Paul Lalonde, the motions judge, whose decision was reversed by the Court of Appeal. Those reasons shed quite a bit of light on what transpired in this case. Accordingly, we have … Continue reading

Posted in Auto, Insurance News | 2 Comments

C.A. Says Son In Mother’s “Control” Is Not Within Her “Care”, For SABS Purposes

In Oxford Mutual Insurance Company v. Co-operators General Insurance Company, released today, the Court of Appeal had to decide whether a claimant was “principally dependent” on his mother at the time of being injured in a motor vehicle accident. If … Continue reading

Posted in Auto, Collateral Benefits, Insurance News | Leave a comment

Discovery Evidence Can’t Be Read In If Rule in Browne v. Dunn Not Complied With

Mr. Justice Bruce Glass of the Superior Court has made a ruling that will interest trial lawyers (and few others). Morrison v. Greig was a personal injury action. At trial, defence counsel elected not to cross-examine the plaintiff while the latter was in … Continue reading

Posted in Discovery, Practice and Procedure, Trial Procedure | 1 Comment

Late Notice of U.S. Trademark Infringement Claim Means No Insurance Coverage for Related Claim in Canada

Mr. Justice Roydon J. Kealey of the Superior Court has granted summary judgment, dismissing the plaintiff’s action in Ideal Roofing Company v. Royal & SunAlliance Insurance Company. Our office acted for Royal, the successful moving party. The basis of the … Continue reading

Posted in Advertising Injury, CGL, Exclusions, Insurance News | Leave a comment

C.A. Upholds Punitive Damages Award Against Impaired Driver

In a decision that will be of great interest to the insurance and personal injury bar, the Court of Appeal today released its reasons in McIntyre v. Grigg et al.  In this case, the plaintiff was a pedestrian who suffered a … Continue reading

Posted in Auto, Auto (Tort), Damages, Insurance News, Social and Commercial Host Liability, Tort News | 3 Comments

Chronic Pain Plaintiff with “Questionable” Credibility “Just Barely” Meets Threshold

ADDENDUM Since our original post about this case, we were advised by Doug Smith, counsel for the defence, about some additional and pertinent facts. His comment appears at the end of this post but, in a nutshell, he told us … Continue reading

Posted in Auto, Collateral Benefits, Damages, FLA, Insurance News, Threshold | 1 Comment