Monthly Archives: December 2007

Important Ruling on Litigation Privilege

In what appears to have been a longstanding battle between Coseco Insurance Company and one of its insureds, Mr. Justice John Macdonald has released an important decision on the issue of litigation privilege. He dismissed the insurer’s appeal from a master’s … Continue reading

Posted in Discovery, Insurance News, Practice and Procedure, Privilege | Leave a comment

Cheifetz Comments on “Joint Tortfeasors” vs. “Concurrent Tortfeasors” Who Are Jointly Liable

David Cheifetz, author of the well-known text, Apportionment of Fault in Tort and of numerous articles in legal journals, is a frequent commentator about posts on this site. Today, he sent us a comment about the recent decision of the … Continue reading

Posted in Practice and Procedure, Tort News | 1 Comment

C.A. Says “No” to Risk Premiums in Costs

The Court of Appeal today released its decision in Ward v. The Manufacturers’ Life Insurance Company. We are familiar with this case because local lawyers Eric R. Williams and Jaye E. Hooper, who acted for the plaintiff Ward, won at trial … Continue reading

Posted in Commercial Litigation, Costs, Insurance News | Leave a comment

C.A. Overturns Summary Judgment Against Lessor of Car Being Operated by Unlicensed, Drunk Driver

In Henwood v. Coburn, the Court of Appeal today overturned the summary judgment that had been granted by Mr. Justice Barry MacDougall back in 2006 (see our post about the decision appealed from). In this case, a company had leased … Continue reading

Posted in Auto, Auto (Tort), Insurance News | Leave a comment

Court Refuses to Extend 90-day Period for Notice of Accident Benefits Priority Dispute

Liberty Mutual Insurance Company v. Zurich Insurance Company involved an accident benefits “priority” dispute between two auto insurers. A claim for benefits had been submitted to Liberty on behalf of a 13-year old boy who had been struck by a car … Continue reading

Posted in Auto, Insurance News | Leave a comment

Costs of $177,950 for Occupier’s Liability Damages Award of $177,373

In Singer v. Hamilton, Mr. Justice William J. Festereyga had to assess costs following the 15-day trial of an occupier’s liability case. He had assessed damages and interest at $177,373.55. His decision reaffirms that even awards of substantial indemnity costs … Continue reading

Posted in Costs | Leave a comment

Court Holds That Defendant Entitled to See Complete Copies of Affidavits Filed on Motion for Court Approval of Settlement

Burns Estate v. Falloon addressed an issue that was raised at the recent Montebello Civil Litigation conference: on a motion for approval of the settlement of a claim by a person under a disability, is the defence entitled to be served with unexpurgated … Continue reading

Posted in Practice and Procedure, Privilege | Leave a comment

C.A. Dismisses Appeal from Jury’s Causation Finding in MVA Case

Charge of Sproat J.pdf [UPDATE: Mr. Justice Sproat’s charge to the jury on the issue of causation has been added to this post in the link immediately above. Thanks to David Cheifetz, who received a copy of the charge from plaintiff’s … Continue reading

Posted in Auto, Insurance News, Juries, Threshold, Trial Procedure | 2 Comments

Rule 49 Puzzle

Chaston v. Rathour shows that it can be tricky to figure out the costs consequences of offers to settle under Rule 49 of the Rules of Civil Procedure in cases involving multiple defendants. (Actually, the reasons of Mr. Justice David S. … Continue reading

Posted in Costs, Practice and Procedure | 2 Comments

C.A. Says Auto Insurer Can Question Insured Under Statutory Condition and Can Examine Him for Discovery

In Baig v. The Guarantee Company of North America, the Court of Appeal allowed an appeal from a decision of Justice Gordon, in which he had held that an auto insurer could not require its insured to submit to an … Continue reading

Posted in Auto, Insurance News | Leave a comment