UPDATE: Just a few days after the decision in Geographic Resources was released, Regional Senior Justice Charles T. Hackland has handed down his costs ruling in the widely-publicized case of Guergis v. Novak et al. Justice Hackland too endorsed the Mantella principle (and…
Here’s a somewhat puzzling couple of decisions. In Jennings v. Latendresse, 2012 ONSC 6982 (CanLII), Justice John Cavarzan heard a threshold motion after the jury in this MVA trial had retired. In the decision linked to in the previous sentence, he…
This is something new for this blog: a book review. I am posting it because I have just finished reading a book that I think will be of interest to many of the blog’s readers. The book, published in 2012,…
The CCLA’s “Montebello at Mont Tremblant” Civil Litigation conference was held this weekend. This was the conference’s first year at its new location. It was a great success and congratulations go to our own Heather Williams who co-chaired the conference…
Mr. Justice Michael Quigley has handed down a rather significant ruling in which he dealt with the recurring issue of the limitation period that applies to property insurance policies. His decision represents, in my view, a marked departure from the…
In Newbigging et al. v. M. Butler Insurance Brokers Ltd.et al., 2012 ONSC 5174 (CanLII), Superior Court Justice Theresa Maddalena dismissed an appeal from a decision of a Small Claims Court judge who had awarded damages against an insurance broker. At…
Worth noting: Justice Kevin W. Whitaker has held, in Moore v. CHRY Community, 2012 ONSC 5122 (CanLII), that for purposes of awarding costs, actions tried under simplified procedure occupy a position between Small Claims Court trials and trials held under ordinary…
In Papapetrou v. 1054422 Ontario Ltd., the Court of Appeal dealt with a question that has hitherto received practically no attention from the courts: what are the consequences of a named insured party breaching a covenant to have another party…
In Savage v. Belecque, released last week, the Court of Appeal considered whether Allstate Insurance had been justified in denying coverage to a young driver and to his mother, the owner of the car, on the basis that the act…
In what could turn out to be a very significant decision, Madam Justice Giovanna Toscano Roccamo has awarded the costs of a nine-week trial to the plaintiffs in a personal injury action, even though the jury’s award was less than…