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Monthly Archives: July 2008
Judge Says Plaintiff Not Required to Pursue Claim Against Tortfeasor As Condition of Accessing Uninsured Motorist Coverage
[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
Posted in Auto, Insurance News, Uninsured or Underinsured
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C.A. Adopts Broad Interpretation of “Subcontractor” in CGL “Your Work” Exclusion
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
Posted in CGL, Exclusions, Insurance News
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Judge Says Offer Made “Without Prejudice” Not An Offer Under Rule 49
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
Posted in Practice and Procedure
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Divisional Court Reverses Order Striking Jury Notice Where Plaintiff A Muslim
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
Posted in Juries
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Defendants Negligent in Fatal Diving Accident, But Plaintiffs’ Recovery Barred by Release
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
Posted in Contract, Waivers and releases
Comments Off on Defendants Negligent in Fatal Diving Accident, But Plaintiffs’ Recovery Barred by Release