Monthly Archives: November 2008

C.A. Confirms that If Principal Claim Prescribed, So Are FLA Claims

Posted on November 28, 2008 by Stephen Cavanagh

In a very brief decision, the Court of Appeal today said, in Godoy v. 475920 Ontario Ltd., that “if the principal claim is statute-barred the derivative claim under the Family Law Act is also barred”. Here, the principal claim was … Continue reading →

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Can Defendants Ever Make Effective Rule 49 Offers in MVA Cases?

Posted on November 28, 2008 by Stephen Cavanagh

We are indebted to Mark (“Billy Idol”) Charron of Williams McEnery for alerting us to the recent decision in Peterson v. Phillips. This is another case that deals with the relationship between offers to settle in MVA claims and the … Continue reading →

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Not “Quantum of Solace” But “Quantum of Claims”

Posted on November 27, 2008 by Stephen Cavanagh

In McCook v. Subramaniam, Master Ronald Dash considered whether to permit a plaintiff to add as a defendant his own auto insurer, under its underinsured motorist endorsement. The insurer resisted the motion on the basis that the plaintiff had not … Continue reading →

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Income Replacement Benefits Subject to Garnishment

Posted on November 26, 2008 by Stephen Cavanagh

Mr. Justice John Cavarzan has held, in Lease Truck Inc. v. Serbinek, that a creditor of an insured is entitled to garnishment of income replacement benefits. Once it receives notice of the garnishment, the insurer paying the accident benefits is … Continue reading →

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Insurer Added as Third Party Under Insurance Act Permitted to Examine Insured for Discovery

Posted on November 17, 2008 by Stephen Cavanagh

Corrigendum: Our reference to the Master’s consideration of an Alberta case, Thompson v. McCallum, erroneously contained the following passage: “The insurer suspected that the insured had, in fact, been the driver.” The sentence should read, “The insurer suspected that the plaintiff … Continue reading →

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C.A. Applies “Litigating Finger” Test to Add Defendants After Expiry of Limitation Period

Posted on November 17, 2008 by Stephen Cavanagh

In June, the Court of Appeal laid to rest a dispute that had persisted for more than four years: do courts still have the power to allow defendants to be added to actions after the expiry of the limitation period, on the … Continue reading →

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