Monthly Archives: May 2009

Additional Insured Entitled to Defence, But Only A Limited One

Atlific Hotels and Resorts Ltd. v. Aviva Insurance Company of Canada is the latest chapter in the ongoing (and evolving) story of “additional insureds”. The latest installment was written by Mr. Justice Edward P. Belobaba. In the underlying lawsuit, the … Continue reading

Posted in CGL, Duty to Defend, Insurance News | Leave a comment

U.S. Study Says Party Who Gets the Most Questions from the Judges Will Lose

In an interesting article in the New York Times this week, we learn that, in cases before the U.S. Supreme Court, the party to whom the majority of the judges’ questions are directed will lose 86 percent of the time. The … Continue reading

Posted in Appeals | Leave a comment

Judge Critical of Both Counsels’ Jury Addresses

The ruling of Mr. Justice Peter Lauwers in Trypis v. Lavigne is helpful for trial lawyers because it deals with aspects of counsels’ jury addresses that Justice Lauwers held to be improper. This was a slip and fall case. At … Continue reading

Posted in Juries, Trial Procedure | Leave a comment

“Minimal Financial Risk” to Law Firm in Prosecuting AB Claim in Catastrophic Case, So Substantial Fee Premium Not Appropriate

In Adler v. State Farm Automobile Insurance Company, Madam Justice Nancy Spies dealt with an application by the law firm of Aylesworth LLP for court approval of lawyer-client fees and disbursements, to be paid out of the proceeds of the settlement … Continue reading

Posted in Auto, Costs, Insurance News, Lawyers | 1 Comment

Court Orders Insurer to Pay for Defence by Counsel Chosen by Insured

Coakley v. Allstate is another case that deals with the problem of whether an insurer owes a duty to defend a claim that includes allegations of intentional conduct. What made this case a bit unusual is that (a) the motion … Continue reading

Posted in Insurance News | Leave a comment

C.A. Clarifies Requirements for Non-earner Benefits

It was apparent from its ruling yesterday in Heath v. Economical Mutual Insurance Company, that the Court of Appeal was not very impressed with the trial decision of Mr. Justice John C. Kennedy. The plaintiff had been involved in a rear-end … Continue reading

Posted in Auto, Collateral Benefits, Insurance News | Leave a comment

Judge Disqualifies Expert for Lack of Impartiality

In a recent decision, Madam Justice Ellen MacDonald refused to permit a defence expert to give opinion evidence at trial. After reviewing a series of email messages that had been exchanged between the expert and certain of the defendants and … Continue reading

Posted in Evidence, Practice and Procedure, Trial Procedure | 1 Comment

C.A. Says Money Paid Pursuant to Mary Carter Agreement Must Be Deducted from Jury’s Award at Trial (Reducing Plaintiff’s Recovery to Zero)

Today’s decision of the Court of Appeal in Laudon v. Roberts was bad news for two of the three parties (the plaintiff and one defendant) but very good news for the other defendant. The action arose out of a boating … Continue reading

Posted in Juries, Practice and Procedure, Trial Procedure | 2 Comments