In Singer v. Hamilton, Mr. Justice William J. Festereyga had to assess costs following the 15-day trial of an occupier’s liability case. He had assessed damages and interest at $177,373.55. His decision reaffirms that even awards of substantial indemnity costs…
Burns Estate v. Falloon addressed an issue that was raised at the recent Montebello Civil Litigation conference: on a motion for approval of the settlement of a claim by a person under a disability, is the defence entitled to be served with unexpurgated…
Charge of Sproat J.pdf [UPDATE: Mr. Justice Sproat’s charge to the jury on the issue of causation has been added to this post in the link immediately above. Thanks to David Cheifetz, who received a copy of the charge from plaintiff’s…
Chaston v. Rathour shows that it can be tricky to figure out the costs consequences of offers to settle under Rule 49 of the Rules of Civil Procedure in cases involving multiple defendants. (Actually, the reasons of Mr. Justice David S….
In Baig v. The Guarantee Company of North America, the Court of Appeal allowed an appeal from a decision of Justice Gordon, in which he had held that an auto insurer could not require its insured to submit to an…
Today, the Court of Appeal released its decision in Adams v. Pineland Amusements Ltd. The first line of the decision sums up the ruling: “This appeal decides that a go-kart operated on a private track is not an ‘automobile’ within the…
In Marcoccia v. Ford Credit Canada Limited, Mr. Justice Patrick Moore has written the latest chapter in one of Canada’s largest personal injury cases. In the course of doing so, he has made some instructive points about determining costs as…
UPDATE: CanLII now has an active link to the reasons in this case. You can access it here. Accordingly, we have removed the PDF link that formerly appeared as part of this post. Mr. Justice Robert Smith has released a significant decision…
Abel v. Hamelin Costs Reasons Our post about the Montebello Civil Litigation Conference contained a brief discussion of a recent costs decision by Mr. Justice Charles Hackland in Abel v. Hamelin. We now have a copy of the reasons and…
The 2007 edition of the Montebello Civil Litigation Conference has ended. Our Heather Williams is the conference co-chair and Susanne Sviergula is on the organizing committee. The conference featured numerous visiting guests, each of whom lavished praise on the conference…