[Addendum: This decision was upheld by the Court of Appeal on August 21, 2009.] Ontario auto insurers might be surprised to learn that the Insurance Act and the standard auto policy do not require persons claiming against the uninsured motorist coverage to pursue anyone whose negligence…
This afternoon, the Court of Appeal released its decision in AXA Insurance v. Ani-Wall Concrete Forming. (We previously commented here on the decision of Perell J. from which the appeal was taken.) The issue in the case was whether Ani-Wall…
Roma Construction (Niagara) Ltd. v. Dykstra Bros. Roofing (1992) Limited was a dispute about roofing deficiencies. The plaintiff had served an offer to settle in a letter that was marked, “Without Prejudice”. The defendant had orally rejected the offer but, as the trial approached,…
In Kayhan v. Greve, the Divisional Court (Cunningham A.C.J., Stayshyn and Kiteley JJ.) considered whether the fact that the plaintiff in a personal injury action was a Muslim woman of Afghani descent was a sufficient basis to warrant striking the…
We have been aware since June 9 of the release of the decision in Isildar v. Kanata Dive Supply, however the reasons have only now become available on CanLII. They’re 250 pages long though, so perhaps it’s taken CanLII’s editors until…
In Leader Media Productions v. Sentinel Hill Alliance Atlantis Equicap Limited Partnership, the Court of Appeal confronted an issue that a number of lawyers of our acquaintance (including some in our office) have encountered: what to do when the trial…
Today, the Court of Appeal released two decisions which address the problem of whether a limitation period can be extended on the basis of “special circumstances” when commencing proceedings or adding defendants to existing proceedings. The answer is a qualified “no”….
In a unanimous decision, the Supreme Court of Canada today dismissed the plaintiff’s appeal in Mustapha v. Culligan of Canada Limited and upheld the Ontario Court of Appeal’s dismissal of the action. The plaintiff Mustapha had experienced a severe and…
In an important, just-released decision, the Divisional Court has clarified the standard of review on appeals from orders made by masters. The court, composed of Justices Sidney N. Lederman, Katherine E. Swinton and Wailan Low, unanimously held that on an appeal from…
In Witten v. Bhardwaj, Master Joan Haberman of the Ontario Superior Court has usefully reviewed the law governing pleadings, particularly in motor vehicle negligence cases. Counsel for the defendant had moved to strike the following paragraphs from the statement of…