In Jazz Air LP v. Toronto Port Authority, the Divisional Court split 2-1 on whether to uphold a costs award of $160,000 made by Justice James Spence following a failed injunction motion. Justices Dennis Lane and Gladys Pardu supported the…
In Morrow v. Symons, a young man was seriously injured while being towed on inline skates. He sued the driver of the car towing him, as well as three your men who were occupants of the car at the time….
In Cassels, Brock & Blackwell v. LawPRO, the Court of Appeal ruled that a duty to defend was not owed to the plaintiff law firm by its liability insurance carrier, the Lawyers’ Professional Indemnity Company (“LawPRO”). The policy contained an…
The Supreme Court of the United States has overturned a $79.5 million punitive damages award made by an Oregon jury against cigarette manufacturer Philip Morris USA. In Philip Morris USA v. Williams, the widow of a heavy smoker named Jesse…
Madam Justice Janet Wilson of the Ontario Superior Court has released a significant decision in the interpretation of commercial general liability insurance policies. In York Region Condominium Corporation No. 772 v. Lombard Canada, she rejected coverage arguments raised by Lombard…
An odd decision from the Court of Appeal today in Aristorenas v. Comcare Health Services. At trial, the plaintiff was awarded damages of $55,000 and costs were agreed upon at $115,000. The parties also agreed that the costs did not…
UPDATE: On August 23, 2007, the Supreme Court of Canada dismissed with costs an application for leave to appeal this decision. The original post follows. In Eichmanis v. Wawanesa, the Court of Appeal has clarified the intepretation to be placed on…
In Laporte v. Ridgewell, Master Lou Anne M. Pope ordered the defendants to pay costs where the claims representative of the defendants’ insurer balked at travelling from outside Windsor for a mediation. The defendants had proposed to have the claims representative participate…
In Stratton Electric Limited v. Guarantee Company of North America et al., Mr. Justice G. Dennis Lane of the Ontario Superior Court was required to fix costs of the successful defendant, Guarantee Company of North America, in an action that had…
In Dinsmore v. Southwood Lakes Holdings Ltd., Mr. Justice John H. Brockenshire had some interesting things to say about costs. This action involved the cost of remedying a damp basement in a townhouse. It proceeded to trial under ordinary procedure, although…