Monthly Archives: June 2007

Section 21 of Limitations Act, 2002 Doesn’t Permit Addition of Defendants After Prescription

In an important new decision, Mr. Justice George P. Smith has become the first judge (so far as we know) to consider in detail the effect of s. 21(1) of the Limitations Act, 2002. He has found that s. 21(1) … Continue reading

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Power J. Analyzes Right of Self-represented Solicitor to Be Paid Costs

Mr. Justice Denis Power released an interesting and rather novel costs ruling yesterday in the ongoing Riddell v. The Conservative Party of Canada litiigation. Ottawa lawyer Alan Riddell, once the Conservative Party of Canada’s candidate in the federal riding of … Continue reading

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C.A. Says No Allocation Between Primary and Excess Insurers

In McKenzie v. Dominion of Canada General Insurance Company, released today, the Court of Appeal clarified the law with respect to overlapping insurance coverage and the order in which liability insurance policies must respond to a claim. In the Supreme … Continue reading

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C.A. Says Relief from Forfeiture only Available for Post-loss Events

In Williams v. York Fire & Casualty Insurance Company, released today by the Court of Appeal, the court was dealing with a fact situation that often comes up. A driver was involved in an accident. When the accident occurred, the … Continue reading

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

Corporate Insured Permitted to Claim Damages for Mental Distress on Behalf of Its Officers in Fire Insurance Claim

In 539091 Ontario Ltd. v. Allianz Insurance, Madam Justice Helen Pierce was dealing with various proposed amendments to the statement of claim in a fire insurance case. The motion raised several interesting issues but of particular note was the request of … Continue reading

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Privilege Waived on Expert’s Report After It Was Reviewed by Second Expert

UPDATE: We have learned that the plaintiffs have sought leave to appeal Justice Power’s decision. We will report the outcome of that motion, which is to be heard on July 20, 2007.  It is our understanding that the main (although not the … Continue reading

Posted in Practice and Procedure, Privilege | Leave a comment

Costs Roundup: Costs Award Means Pyrrhic Victory for Conrad Black; Solicitor Personally Liable for Costs

Two new costs decisions are, we think, worthy of note. Sun-Times Media Group Inc. v. Conrad Black At a time when Mr. Black probably has other things on his mind, Justice Colin Campbell had the task of fixing costs of … Continue reading

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No Coverage Under Homeowner’s Policy for Allegations of Negligent Supervision of Driver

In The Co-operators General Insurance Company v. Murray et al., Mr. Justice Robert MacKinnon ruled that a homeowner’s insurance policy did not cover a claim that the insureds failed to supervise their son, who had been the driver in a single-car accident. … Continue reading

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Motions for Non-suit a Waste of Time, Says C.A.

After yesterday’s decision by the Court of Appeal in Prudential Securities Credit Corp., LLC v. Cobrand Foods Ltd., we are unlikely to see many more motions for non-suit in this province. The Court said that the procedure “has little practical … Continue reading

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Costs Denied Where Jury Awards Plaintiff Only $20,000 in MVA Claim

Garisto v. Wang is one of relatively few cases in which a trial judges has imposed the costs penalties contained in Rule 76 of the Rules of Civil Procedure. The plaintiff had originally sought damages of $800,000 in this car accident … Continue reading

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