quattrocchi-v-chiquita An interesting issue arose last month at a trial in which our office was involved. The action, Quattrocchi v. Chiquita et al. (link to decision appears above), was a subrogated claim arising out of a fire at a Smiths Falls…
Addendum: The decision discussed in this post was reversed by the Court of Appeal on May 2, 2008. The Court of Appeal noted that the plaintiff’s solicitor had always intended to sue the municipality having jurisdiction over the road in…
In an interesting decision, Mr. Justice David Brown has ruled that a fleet policy issued by Royal & SunAlliance provided uninsured motorist coverage to an employee of Royal’s named insured. The employee had been injured while pouring gasoline into the…
Mr. Justice John H. Brockenshire, who was the judge at first instance in Walker v. Ritchie, has released another decision dealing with costs premiums. The Walker case went to the Supreme Court of Canada (sub nom. Ritchie v. Walker). That…
In Meuwissen v. Strathroy Middlesex General Hospital, the Court of Appeal ruled that a lower court judge had erred in ordering a hospital and a physician to produce certain documents in connection with a lawsuit that had not yet been…
In Daly v. ING Halifax Insurance Company, the Court of Appeal held that hourly rates for attendant care are set by the Statutory Accident Benefits Schedule and cannot be challenged. The Court accepted the insurer’s argument, that section 50(10) of…
Last week, the Court of Appeal released an important decision, dealing with tort liability for “nervous shock”. In Mustapha v. Culligan of Canada Ltd., the Court allowed an appeal from the trial decision of Justice John H. Brockenshire, dated April…
Schouten v. Rideau.pdf Two members of the Superior Court bench in Ottawa have released reasons, both dated December 1, 2006, in which they have commented in detail on how costs should be fixed under Rule 57.03. There are some interesting differences…
In Cumis General Insurance Company v. 1319273 Ontario Ltd., Mr. Justice David Brown dealt with an interesting coverage dispute. Cumis had applied for a ruling on whether it owed a duty to defend its insured, the numbered company, in an…
Another successful Civil Litigation Update concluded at Chateau Montebello yesterday. The conference, now in its 26th year, was acclaimed by numerous visiting Superior Court and Court of Appeal judges as Ontario’s premiere continuing legal education program. We are proud…