We have learned that yesterday’s Update on Branco v. Allianz erroneously referred to Allianz as the defendant. In fact, we now understand that Allianz was the AB carrier and although it had been a defendant originally, it was out of…
This case, released today, is a bit of a head-scratcher.In Branco v. Allianz Insurance, the plaintiffs were claiming damages as a result of personal injuries suffered in a motor vehicle accident. The trial lasted eight days before Justice Siegel and…
The Court of Appeal today released its decision in Moon v. Sher , which can be viewed at: http://www.ontariocourts.on.ca/decisions/2004/november/C40322.htm We had been anticipating the release of this case, having learned a few weeks ago that Justice Borins of the Court…
In Cowles v. Balac, released November 4, 2004, Justice MacFarland of the Ontario Court deals with a problem that we have encountered from time to time: an investigator making direct contact with a plaintiff who is represented by counsel. The…
In A.R.G. Construction Corp. v. Allstate Insurance Co., Mr. Justice Ferrier of the Ontario Superior Court has provided an up-to-date review of the law pertaining to duty to defend, particularly in the context of a CGL policy. The decision can…
The Court of Appeal today released an interesting decision, dealing with the interaction of three policies: auto, boat and homeowner’s. In Axa Insurance v. Dominion of Canada (the reasons can be viewed at http://www.ontariocourts.on.ca/decisions/2004/november/C40387.htm), the underlying litigation arose from a…
You may recall the decision of Mr. Justice Denis Power in Russett v. Bujold, in which he assessed partial indemnity costs of more than $400,000 in a chronic pain case that had settled after a week and a half of…
In a decision handed down yesterday, Ottawa judge Madam Justice Giovanna Toscana Roccamo awarded damages of more than $700,000 to two chronic pain plaintiffs. The case is Hartwick v. Simser. The 63 page decision of Madam Justice Toscana Roccamo will be…
Ever heard of the Victims’ Bill of Rights? Neither had counsel for the plaintiff in Pilon v. Janveaux, an action arising out of a 1993 MVA. One of the provisions in that Act can have a big effect on awards…
Ottawa Case Management Master Robert Beaudoin recently clarified the law relating to the effect that an insurer examination under the SABS has on the right to an IME under s. 105 of the Courts of Justice Act .In La Forest…