Mr. Justice Denis Power released an interesting and rather novel costs ruling yesterday in the ongoing Riddell v. The Conservative Party of Canada litiigation. Ottawa lawyer Alan Riddell, once the Conservative Party of Canada’s candidate in the federal riding of…
In McKenzie v. Dominion of Canada General Insurance Company, released today, the Court of Appeal clarified the law with respect to overlapping insurance coverage and the order in which liability insurance policies must respond to a claim. In the Supreme…
In Williams v. York Fire & Casualty Insurance Company, released today by the Court of Appeal, the court was dealing with a fact situation that often comes up. A driver was involved in an accident. When the accident occurred, the…
In 539091 Ontario Ltd. v. Allianz Insurance, Madam Justice Helen Pierce was dealing with various proposed amendments to the statement of claim in a fire insurance case. The motion raised several interesting issues but of particular note was the request of…
UPDATE: We have learned that the plaintiffs have sought leave to appeal Justice Power’s decision. We will report the outcome of that motion, which is to be heard on July 20, 2007. It is our understanding that the main (although not the…
Two new costs decisions are, we think, worthy of note. Sun-Times Media Group Inc. v. Conrad Black At a time when Mr. Black probably has other things on his mind, Justice Colin Campbell had the task of fixing costs of…
In The Co-operators General Insurance Company v. Murray et al., Mr. Justice Robert MacKinnon ruled that a homeowner’s insurance policy did not cover a claim that the insureds failed to supervise their son, who had been the driver in a single-car accident….
After yesterday’s decision by the Court of Appeal in Prudential Securities Credit Corp., LLC v. Cobrand Foods Ltd., we are unlikely to see many more motions for non-suit in this province. The Court said that the procedure “has little practical…
Garisto v. Wang is one of relatively few cases in which a trial judges has imposed the costs penalties contained in Rule 76 of the Rules of Civil Procedure. The plaintiff had originally sought damages of $800,000 in this car accident…
Mr. Justice Michael Quigley has ordered that a neuropsychological assessment sought by a defendant in a motor vehicle case, be videotaped. His Honour had been advised that the neuropsychologist whom the defence had retained was not prepared to undertake the…