Monthly Archives: May 2008

S.C.C. Upholds Dismissal of “Fly in Bottle” Case, Saying Law of Negligence Is Not Insurance

In a unanimous decision, the Supreme Court of Canada today dismissed the plaintiff’s appeal in Mustapha v. Culligan of Canada Limited and upheld the Ontario Court of Appeal’s dismissal of the action. The plaintiff Mustapha had experienced a severe and … Continue reading

Posted in Products Liability, Tort News | Leave a comment

Divisional Court Says Standard of Review on Appeal of Master’s Order is Housen v. Nikolaisen’s “Palpable and Overriding Error”

In an important, just-released decision, the Divisional Court has clarified the standard of review on appeals from orders made by masters. The court, composed of Justices Sidney N. Lederman, Katherine E. Swinton and Wailan Low, unanimously held that on an appeal from … Continue reading

Posted in Practice and Procedure | Leave a comment

Master Haberman Reminds Us That Pleadings Must Be of Material Facts

In Witten v. Bhardwaj, Master Joan Haberman of the Ontario Superior Court has usefully reviewed the law governing pleadings, particularly in motor vehicle negligence cases. Counsel for the defendant had moved to strike the following paragraphs from the statement of … Continue reading

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First Bill 198 Decision Says Not Much Has Changed

Nissan v. McNamee is, so far as we know, the first decision to interpret the “gloss” on the Insurance Act threshold that was enacted by regulation O.Reg. 381/03 (the package of legislative changes commonly referred to as “Bill 198”). The regulation took effect on … Continue reading

Posted in Auto, Insurance News, Threshold | 2 Comments