Monthly Archives: July 2008

Judge Says Plaintiff Not Required to Pursue Claim Against Tortfeasor As Condition of Accessing Uninsured Motorist Coverage

Posted on July 30, 2008 by Stephen Cavanagh

[Addendum: This decision was upheld by the Court of Appeal on August 21, 2009.] Ontario auto insurers might be surprised to learn that the Insurance Act and the standard auto policy do not require persons claiming against the uninsured motorist coverage to pursue anyone whose negligence … Continue reading →

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C.A. Adopts Broad Interpretation of “Subcontractor” in CGL “Your Work” Exclusion

Posted on July 18, 2008 by Stephen Cavanagh

This afternoon, the Court of Appeal released its decision in AXA Insurance v. Ani-Wall Concrete Forming. (We previously commented here on the decision of Perell J. from which the appeal was taken.) The issue in the case was whether Ani-Wall … Continue reading →

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Judge Says Offer Made “Without Prejudice” Not An Offer Under Rule 49

Posted on July 18, 2008 by Stephen Cavanagh

Roma Construction (Niagara) Ltd. v. Dykstra Bros. Roofing (1992) Limited was a dispute about roofing deficiencies. The plaintiff had served an offer to settle in a letter that was marked, “Without Prejudice”. The defendant had orally rejected the offer but, as the trial approached, … Continue reading →

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Divisional Court Reverses Order Striking Jury Notice Where Plaintiff A Muslim

Posted on July 18, 2008 by Stephen Cavanagh

In Kayhan v. Greve, the Divisional Court (Cunningham A.C.J., Stayshyn and Kiteley JJ.) considered whether the fact that the plaintiff in a personal injury action was a Muslim woman of Afghani descent was a sufficient basis to warrant striking the … Continue reading →

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Defendants Negligent in Fatal Diving Accident, But Plaintiffs’ Recovery Barred by Release

Posted on July 3, 2008 by Stephen Cavanagh

We have been aware since June 9 of the release of the decision in Isildar v. Kanata Dive Supply, however the reasons have only now become available on CanLII.  They’re 250 pages long though, so perhaps it’s taken CanLII’s editors until … Continue reading →

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