In Rudd v. Trossacs Investments Inc., the Divisional Court has ruled that a party to a settlement reached at a mandatory mediation could not examine the mediator as a witness on a subsequent motion seeking rectification of the settlement. Justices…
Today’s decision in Hazan v. ING Insurance Company of Canada considers (but does not decide) an interesting issue in Ontario insurance law: must an insurer prove that it has delivered a copy of the insurance policy to the insured before…
The Supreme Court of Canada today refused leave to appeal the Court of Appeal’s decision in Snushall v. Fulsang. That was the ruling given last September, in which the Court of Appeal held that contributory negligence for failure to wear…
Justice Mary J. Nolan of the Ontario Superior Court dismissed a slip and fall action against homeowners whose property lay next to a municipal sidewalk. In Peterson v. Windsor, The plaintiff had slipped on the sidewalk and sued both the…
From time to time in our Update newsletters, we have alerted our subscribers to an invaluable resource for judges, masters, practitioners and insurance claims personnel. It is the “Damages Compendium“, prepared under the auspices of the County of Carleton Law Association….
In actions brought under simplified procedure (also known as “Rule 76” actions), the plaintiff’s claim is generally limited to a maximum of $50,000. Examinations for discovery and pre-trial cross-examinations aren’t allowed. The whole process is supposed to be streamlined so as to reduce…
In two Ontario Superior Court decisions released this week, insureds have been denied relief from forfeiture in actions against their insurers. The first is Niagara Gorge Jet Boating Ltd. v. AXA Canada Inc. This is a decision of Madam Justice…
The Court of Appeal released an interesting decision this afternoon, dealing with several issues. Most significantly, the case addressed the extent to which a commercial host, found to have over-served both a driver and a passenger, can be held responsible…
A decision dealing with the Insurance Act threshold was released this afternoon by Superior Court Justice Gordon Killeen, in Brak v. Walsh. Justice Killeen found that, in this case, the threshold had not been met. This was a motor vehicle case…
The Supreme Court of Canada this morning granted leave to Citadel Insurance to appeal last year’s decision of the Ontario Court of Appeal in Vytlingam v. Farmer et al. Subscribers will recall that in that case, three North Carolina youths placed…