Monthly Archives: March 2008

Must Insurer Maintain “Firewall” Between Tort and No-Fault Claims?

Posted on March 24, 2008 by Stephen Cavanagh

In Trecartin v. Pilot Insurance Company, Mr. Justice George T. Valin considered the position of an insurer defending both a tort action and an accident benefits claim brought by the same plaintiff. In the no-fault action, the insurer, Pilot Insurance, was … Continue reading →

Posted in Auto, Collateral Benefits, Discovery, Insurance News, Practice and Procedure, Privacy, Privilege | Comments Off on Must Insurer Maintain “Firewall” Between Tort and No-Fault Claims?

Divisional Court Orders New Trial After “Offensive” Jury Address of Defence Counsel

Posted on March 4, 2008 by Stephen Cavanagh

  In Abdallah v. Snopek, the Divisional Court, by a margin of 2-1, ordered a new trial of a personal injury action arising out of a motor vehicle accident. The decision opened with the often-quoted words, “[a] jury trial is … Continue reading →

Posted in Insurance News, Juries, Threshold, Trial Procedure | Comments Off on Divisional Court Orders New Trial After “Offensive” Jury Address of Defence Counsel

Master MacLeod Proposes Guidelines for Solicitors’ Affidavits

Posted on March 2, 2008 by Stephen Cavanagh

In Mapletoft v. Service, Case Management Master Calum MacLeod decided a motion for summary judgment in a motor vehicle case. The defendant argued that the action had been commenced after the expiry of the limitation period. Our office opposed the … Continue reading →

Posted in Auto, Discoverability, Evidence, Insurance News, Limitation Periods, Practice and Procedure, Threshold | Comments Off on Master MacLeod Proposes Guidelines for Solicitors’ Affidavits

Power J. Rejects Insurer’s Constitutional Challenge to Court’s Power to Dismiss Civil Juries

Posted on March 2, 2008 by Stephen Cavanagh

In Legroulx v. Pitre, Mr. Justice Denis Power had to consider whether Rule 47.07 of the Rules of Civil Procedure, which permits a court to strike a jury notice on the ground that the action ought to be tried without … Continue reading →

Posted in Auto, Insurance News, Juries | Comments Off on Power J. Rejects Insurer’s Constitutional Challenge to Court’s Power to Dismiss Civil Juries

C.A. Rejects Insurer’s Interpretation of “Anti-concurrent causation” clause

Posted on March 2, 2008 by Stephen Cavanagh

Addendum: On July 31, 2008, the Supreme Court of Canada refused leave to appeal from the decision of the Court of Appeal that was discussed in this post. In Appin Realty Corporation Limited v. Economical Mutual Insurance Company, the Court … Continue reading →

Posted in CGL, Duty to Defend, Exclusions, Insurance News | Comments Off on C.A. Rejects Insurer’s Interpretation of “Anti-concurrent causation” clause

Plaintiff Severely Injured in Two Accidents Can’t Recover Aggregate Non-pecuniary Damages in Excess of S.C.C. “Cap”

Posted on March 2, 2008 by Stephen Cavanagh

Broadbent v. Greater Toronto Transit Authority is another case involving a plaintiff injured in multiple accidents. Mr. Justice Moore had to deal with several interesting issues. He discussed the appropriate way to approach the assessment of damages in cases involving … Continue reading →

Posted in Damages | Comments Off on Plaintiff Severely Injured in Two Accidents Can’t Recover Aggregate Non-pecuniary Damages in Excess of S.C.C. “Cap”