Monthly Archives: February 2007

C.A. Overrules Itself, Says Homeowner Not Liable for Fraudulently-Obtained Mortgage

It is not every day that the Court of Appeal says that one of its earlier decisions was wrongly decided, but that is what happened today. In Lawrence v. Maple Trust Company, a five-member panel of the Court said that … Continue reading

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Court Accepts Expert Testimony, Reduces Rule 53.09 Discount Rates for Future Health Care Expenses

In Gordon v. Greig, Justice Bruce A. Glass has assessed damages arising out of catastrophic injuries to two young men who were involved in the same motor vehicle accident. Both were awarded general non-pecuniary damages of $310,000, the maximum available … Continue reading

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PJI Payable on Damages for Loss of Competitive Advantage?

Last month, Justice Colin McKinnon gave judgment for the plaintiff against the City of Ottawa in a slip-and-fall case: Cerilli v. Ottawa (City). (Justice McKinnon probably did not endear himself to the city fathers (and mothers) with the opening words … Continue reading

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