Monthly Archives: September 2007

Another Ruling Assumes Continued Existence of “Special Circumstances”

Posted on September 14, 2007 by Stephen Cavanagh

In Guay v. BHD Financial Group, Master R. Dash considered whether a limitation period could be extended on account of “special circumstances”. On the facts of the case, the motion to extend the limitation period was dismissed. But the Master … Continue reading →

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Duty to Defend Held to Exist, Despite “Anti-Concurrent Causation” Clause in Policy

Posted on September 11, 2007 by Stephen Cavanagh

Decision of Justice Kershman dated Aug 10, 2007.pdf  Our office acted for the insured in what is, so far as we can determine, the first decision to consider whether a duty to defend was owed by an insurer whose policy … Continue reading →

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Insurer Hit with $500,000 Punitive Damages Award in Fire Case

Posted on September 7, 2007 by Stephen Cavanagh

It was a good day for Barry Percival, who had cast aside the defence hat that he usually wears and was acting for the plaintiff. In Sagl v. Cosburn, Griffiths & Brandham et al., an action by a policyholder against … Continue reading →

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Trustee Act Limitation Period Bars FLA Claim

Posted on September 4, 2007 by Stephen Cavanagh

In Kramarz v. KMS Cardiology & Diagnostic Centres, Mr. Justice Thomas R. Lederer held that a negligence action against a cardiologist was brought out of time. The suit had been commenced under the Family Law Act by members of the … Continue reading →

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