Monthly Archives: January 2008

Thunder Bay Judges Don’t Want to See Pyramids

 There’s something afoot among the judges in Thunder Bay. Madam Justice Helen Pierce and Mr. Justice George Smith, colleagues on the Superior Court in that city, have both released rulings in which they have complained about what they call “pyramid billing”. This … Continue reading

Posted in Costs, Insurance News | Leave a comment

Court Declines to Award Substantial Indemnity Costs Where Successful Defendant Had Offered Dismissal Without Costs

In Crete v. Carleton Condominium Corporation #47, Madam Justice Giovanna Toscano Roccamo delivered very comprehensive costs reasons following a trial by jury in which the plaintiff’s action had been dismissed. The decision is instructive with respect to several aspects of … Continue reading

Posted in Costs, Practice and Procedure | 2 Comments

C.A. Finds that Award for Loss of Competitive Advantage Does Not Attract Prejudgment Interest

In our February 2, 2007 post about Cerilli v. City of Ottawa, we noted that the trial judge had awarded prejudgment interest on damages for loss of competitive advantage. We noted that in at least one other case, the trial … Continue reading

Posted in Damages, Practice and Procedure | Leave a comment

Court Reverses Master’s Finding of “Special Circumstances” (But No Mention of s. 21(1) of Limitations Act, 2002)

Regular readers will remember numerous prior posts in which we have puzzled over the fact that despite the 2004 enactment of the Limitations Act, 2002, so many cases are still being argued on the basis of the common law power … Continue reading

Posted in Auto, Insurance News, Limitation Periods, Practice and Procedure | 2 Comments

Judge Upholds Master’s Refusal to Order Plaintiff To Undergo IME Involving “Adjunctive Testing”

Scissons v. Lajoie is scheduled to go to trial on May 12, 2008. The action, arising out of a 1999 MVA, has apparently had a long and somewhat tortured life, having been administratively dismissed twice. The amount claimed exceeds the defence policy … Continue reading

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

Court Orders Home Insurer to Defend Claim Arising Out of ATV Accident

In Economical Insurance Group v. Fleming, Mr. Justice Keith A. Hoilett heard an application brought by Economical Mutual Insurance, for a declaration that it owed no duty to defend its insureds against a claim brought on behalf of a teenaged … Continue reading

Posted in Duty to Defend, Insurance News | 1 Comment

Judge Says, “Plaintiff’s Evidence Is Not Credible” But Awards $400,000 for Loss of Competitive Advantage

In a decision that will alarm insurance companies, Mr. Justice Bernard Manton has awarded damages of $400,000 for loss of competitive advantage to a plaintiff who was injured in an accident at a Home Depot store. This award is more than … Continue reading

Posted in Damages, Insurance News | 2 Comments