Nissan v. McNamee is, so far as we know, the first decision to interpret the “gloss” on the Insurance Act threshold that was enacted by regulation O.Reg. 381/03 (the package of legislative changes commonly referred to as “Bill 198”). The regulation took effect on…
Brak v. Walsh is a short decision of the Court of Appeal (Justices Karen M. Weiler, Michael J. Moldaver and Russell G. Jurianz), on appeal from a ruling by Mr. Justice Gordon Killeen on a threshold motion brought at the…
Further addendum: The appeal of this decision was to have been heard in April, 2009 but was abandoned before then. Addendum: We have been advised that this decision is under appeal. Riocan Real Estate Investment Trust (O&Y Properties Inc.) v….
We came across this interesting article on the website for the International Risk Management Institute, Inc. (“IRMI”). It is entitled “A Tool for Multi-Party Insurance Litigation Mediation with ‘Additional Insureds’” and was written by Jeff Kichaven. The title makes the…
In CUMIS General Insurance Company v. 1319273 Ontario Ltd., the Court of Appeal was dealing with a coverage question involving a CGL policy. In the underlying action, the plaintiff motorcyclist had been seriously injured when a ladder flew off a…
In Dennie v. Hamilton, the defendants’ solicitor probably thought that the trial had gone pretty well (see our previous post about this case). In this MVA action, the plaintiff had claimed damages of about $1 million. At the end…
Sandhu v. Wellington Place Apartments was one of the largest personal injury damages awards in Canadian history. The Court of Appeal recently dismissed an appeal from the trial decision (other than disallowing most of a $350,000 costs premium). The award…
In York Region Condominium Corporation No. 772 v. Lombard Canada Ltd., the Court of Appeal rejected the appeal by Lombard from a judgment holding that its CGL policy covered a claim against its insured, a general contractor. The plaintiff condominium…
In Hamilton v. Kember (and another action), Mr. Justice John F. McGarry was dealing with a defence motion for summary judgment in two personal injury actions. The moving defendants were a young woman and her parents. In 2004, when the young woman…
Bad news for insurers. In Ksiazek v. Newport Leasing Limited, Mr. Justice C. Raymond Harris extended the application of the Court of Appeal’s decision in Rider v. Dydyk and ruled that a defendant’s offer to settle should be compared with…