Addendum: Since our commentary on this case, Justice Gonsolus has released supplementary reasons on the issue of the costs premium. His Honour did not disturb the premium of $12,358 that he originally awarded. Instead, he revised the basis of the premium. His…
In Suarez v. Minto Developments Inc., Master Calum MacLeod addressed a couple of interesting issues in the law of misnomer. (This principle has received increased attention over the last couple of years, perhaps because the disappearance of “special circumstances” as…
In Furlong v. Cambridge (City), Mr. Justice M. Dale Parayeski dismissed the plaintiff’s action arising out of having tripped on a sidewalk owned by the defendant municipality. The plaintiff and her husband were walking to their daughter’s home. The plaintiff…
Lin v. Belair Insurance Company Inc. was an action for accident benefits consequent upon a serious motor vehicle accident. The plaintiff sought to compel production of some internal emails of the insurer, dealing with the setting of reserves for the claim….
This law will probably have a short shelf life, but it is topical right now. In Onex Corporation v. American Home Assurance, Justice Edward Belobaba has held that a motion for summary judgment that was served in 2009 but to…
UPDATE The Court of Appeal dismissed an appeal from this decision on October 6, 2010, in very brief reasons: “It is uncontested that the appellant insurer has the onus to show that the exclusion is clearly and unambiguously operative. It…
At the trial of Pitney Bowes of Canada v. Noia, 2009 CanLII 63372 (ON S.C.), Mr. Justice Douglas K. Gray awarded to the plaintiff damages of $13,400.57 which was slightly more than half of the amount that had been claimed….
In Bensusan v. Ali, Mr. Justice Ted Matlow has ruled that motions for summary judgment must be made to a master, rather than to a judge, in jurisdictions where there are masters. His Honour arrived at this conclusion by relying…
Wice v. Dominion of Canada General Insurance Company is another in a recently-emerging line of cases that have considered the extent to which a party has an obligation to produce information on his or her Facebook profile. This case involved…
Mr. Justice Timothy Ray held this summer, in Boyd v. Taj Mahal Stables Inc., that “Partial indemnity costs are generally measured as approximately 55% of the reasonable solicitor client account. The reason is that substantial indemnity costs are generally accepted…