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Monthly Archives: October 2007
Defendant’s Offer to Consent to Dismissal Without Costs Entitles It to Substantial Indemnity Costs
At the trial of Dunstan v. Flying J. Travel Plaza, a slip and fall case, the jury found that the defendant was not liable to the plaintiff. Accordingly, the action was dismissed. The trial judge’s disposition of the costs issue … Continue reading
Posted in Costs
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CGL Exclusions Held Not to Apply
AXA Insurance (Canada) v. Ani-Wall Concrete Forming Inc. involved the familiar “your work”, “your product” and “rip and tear” exclusions in a CGL policy. A concrete forming contractor, Ani-Wall Concrete Forming, was alleged to have used defective concrete in constructing … Continue reading
Posted in CGL, Exclusions, Insurance News
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C.A. Finds Vendor of Spare Parts for Pool Liable for Failure to Warn
By a 2-1 margin, the Court of Appeal allowed an appeal by the plaintiffs and imposed liability on one of the defendants for a catastrophic swimming pool accident that had left a young girl a quadriplegic. In reaching its decision, … Continue reading
Posted in Products Liability, Tort News
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S.C.C. Allows Appeals in Herbison and Vytlingam
Good news for auto insurers today from the Supreme Court. The insurers’ appeals in Citadel General Assurance Co. v. Vytlingam and Lumbermens Mutual Casualty Co. v. Herbison were successful. Both cases turned on the interpretation of the phrase, “arising directly or indirectly … Continue reading
Posted in Auto, Insurance News
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C.A. Encourages Auto Insurers to Make Offers Without Applying IA Deductible
Some very good news for the plaintiff’s bar today, from the Court of Appeal: insurers’ offers to settle in MVA cases should contain “cushions” against the statutory deductibles. In Rider et al. v. Dydyk, the Court (Justices Jurianz, MacPherson and … Continue reading
Posted in Auto, Costs, Insurance News, Practice and Procedure
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C.A. Says Insurance Act Bars All Auto Tort Claims for Property Damage
In a case that has already received a lot of attention from the insurance industry, the Court of Appeal held in Clarendon National Insurance et al. v. Candow that where it applies, s. 263 of the Insurance Act bars all tort … Continue reading
Posted in Auto, Insurance News
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