Former Associate Chief Justice Coulter Osborne has released his Civil Justice Reform Project. He is scheduled to address the Montebello Civil Litigation Conference tomorrow and the Attorney-General is to speak at the conference today. The report can be viewed here….
In Davies v. The Corporation of the Municipality of Clarington, Madam Justice J.E. Ferguson of the Ontario Superior Court was fixing costs in an action in which one of the defendants, “Blue Circle”, had been successful in having the claim…
The Court of Appeal today released its ruling in Cusson v. Quan, Ottawa Citizen et al. The case is an important one in the law of defamation and, in particular, to defences available to the media. The court dismissed an appeal…
Subrule 53.03(1) of the Rules of Civil Procedure provides that, “[a] party who intends to call an expert witness at trial shall, not less than 90 days before the commencement of the trial, serve on every other party to the…
Podleszanski v. Medley was a personal injury action arising out of a motor vehicle accident. Mr. Justice Alan W. Bryant ruled on a threshold motion brought by the defence while the jury was deliberating at trial. Holding that the plaintiff…
In Rushnell v. Corporation of the City of Belleville, the plaintiff had been struck by a bus owned by the City of Belleville. The accident had taken place there. The plaintiff’s solicitors had named Toronto (where their office was located)…
In Derksen v. 539938 Ontario Limited, the Supreme Court of Canada ordered both an auto and a CGL insurer to defend a personal injury action. It determined that there had been concurrent causes of the injuries, one covered by the…
At the trial of Dunstan v. Flying J. Travel Plaza, a slip and fall case, the jury found that the defendant was not liable to the plaintiff. Accordingly, the action was dismissed. The trial judge’s disposition of the costs issue…
AXA Insurance (Canada) v. Ani-Wall Concrete Forming Inc. involved the familiar “your work”, “your product” and “rip and tear” exclusions in a CGL policy. A concrete forming contractor, Ani-Wall Concrete Forming, was alleged to have used defective concrete in constructing…