In a somewhat surprising decision, the Divisional Court has denied leave to appeal a trial judge’s refusal to award costs to a successful defendant in a personal injury action. Dinham v. Brejkaln arose out of a motor vehicle accident. The defendant was…
Today, the Court of Appeal released a short ruling in a case involving a disputed real estate transaction. Its reasons are of interest to practitioners in contract law generally, since they show a marked reluctance to allow a party…
Despite the mandatory language of the SABS time requirements (the insurer “shall”…), a Superior Court judge has held that an insurer’s failure to comply with those requirements in setting up a CAT DAC assessment does not mean that it loses its right…
Lis v. Lombard Insurance illustrates a common difficulty with surveillance videotape. Under Rule 30.09 of the Rules of Civil Procedure, a “document” (which would include a videotape) on which privilege has been claimed, cannot be used at trial without…
In a decision that will be of great interest to insurers, the Supreme Court of Canada today struck down a $100,000 award of punitive damages that had been made against a disability insurer. In Fidler v. Sun Life Assurance, the plaintiff had…
The case of Sandhu v. Wellington Place Apartments has produced another significant ruling. Readers will recall that Sandhu is the recent personal injury action in which damages of over $12 million were awarded. Today’s decision by Madam Justice…
In Branco v. Ephstein, a motor vehicle case, the Divisional Court has ordered a new trial, on the ground that the trial judge did not adequately explain to the jury the onus that arises where a defence of mitigation is…
The decision of Madam Justice Wailan Low in Ondrade v. Toronto (City) provides a useful review of the law relating to the liability of municipal corporations for “slip and fall” accidents that take place during severe winter weather. The…
Usually, the law of a “foreign” jurisdiction (which, in this context, includes that of the other Canadian provinces) has to be proved at an Ontario trial through expert testimony. If the foreign law is not proved, the general rule is that…
The decision of Justice Nancy Spies in Tuffhide Products v. Rhino Systems of Canada Inc. is a cautionary tale on the subject of offers to settle in multi-defendant cases. The plaintiffs had sued two defendants. Prior to trial, the plaintiffs…