The Assistant Privacy Commissioner has rejected a complaint by insureds who alleged that their accident benefits had been terminated because of their refusal to attend an “independent medical examination” (“IME”) which had been scheduled by the insurer. The Assistant Commissioner found…
Awards of costs have increased substantially since 2002, making costs a key ingredient of many lawsuits. Last week, the Divisional Court released a comprehensive review of the principles to be applied by courts in assessing costs. This is the first…
Two cases today addressed the question of when a settlement is enforceable. One was a Court of Appeal decision: Mohammed v. York Fire and Casualty Insurance Company. The other was a decision of Justice Denis Power of the Ontario Superior…
Mr. Justice Paul Perell, a recent appointee to the Ontario Superior Court, has ruled that an Ontario resident who fell and injured herself at her brother’s Quebec home, can nevertheless pursue a claim for damages in an Ontario court. In…
This afternoon, the Court of Appeal released its decision in Kamin v. Kawartha Dairy Limited. This was an occupier’s liability case that had been decided by Madam Justice Sarah Pepall in March, 2004. You can read the trial decision here….
In a case that may be of interest to LawPRO examiners as a possible harbinger of things to come in this country, an American insurer, dissatisfied with the outcome of a suit that it took to trial, has sued its…
Yesterday, the Court of Appeal dismissed the plaintiff’s appeal in Blight v. Axa and Royal & SunAlliance Insurance Company. Our firm acted for the successful respondent, Royal & SunAlliance. Royal insured a tenant and the issue was whether the policy…
York Condominium Corporation No. 382 v. Jay-M Holdings Ltd. et al. is the first case that we have seen that has interpreted the 15 year “absolute” limitation period found in s. 15 of the Limitations Act, 2002. There was no…
In our continuing effort to catch up on cases decided this month, we would like to draw your attention today to an important ruling by Mr. Justice David Stinson, in Somwar v. McDonald’s Restaurants of Canada Ltd. This was a…
In Cain v. Peterson, Superior Court Justice Michael Dambrot has awarded costs of $10,000 to a self-represented defendant. After dismissing an action against Shelley Peterson (not, we assume, the spouse of former Ontario premier, David Peterson), Justice Dambrot first ordered the plaintiff to…