A recent decision of the Ontario Superior Court raises an issue that is of increasing concern to insurers: the loss of litigation privilege. In Podeszwa et al and D. Preete et al and the Corporation of the City of London,…
Happy Canada Day à tout le monde!We wish we could be the bearers of more cheerful news on this festive day. In an important decision, a judge of the Superior Court has just ruled that the Insurance Act does not…
We are especially pleased to bring you today’s Update. Minutes ago, the Court of Appeal released its decision in PrairieFyre Software v. St. Paul Fire and Marine, in which our firm acted for St. Paul. The case dealt with the…
A Superior Court decision released today has confirmed that an insured seeking an order setting aside a settlement of accident benefits must first repay money paid pursuant to the settlement. In Lindsay v. Martin, the text of which can be…
In Pereira v. Coseco Insurance, released last month, an Ontario Superior Court judge stayed the insured’s lawsuit pending her attended for a DAC assessment. The reasons for judgment can be viewed at http://www.canlii.org/on/cas/onsc/2004/2004onsc11180.html The claim related to med-rehab benefits. The…
Justice Denis Power has just released his final costs award in Russett v. Bujold and we have attached a copy. You may recall this case from an Update that we circulated several weeks ago. It involved a chronic pain claim…
In its May 11, 2004 decision in Wicken v. Harssar, the Divisional Court has clarified s. 267.5(9) of the Insurance Act. That section of the Act deals with the effect of the deductibles on costs. It provides that “In an…
The Ontario Court of Appeal has concluded that the hosts of a 1998 Ottawa New Year’s Eve party which resulted in a tragic accident are not liable to the woman who was injured in a car accident caused by an…
An Ontario Superior Court judge has rejected an argument, made by a plaintiff in a medical malpractice action, that surveillance video should not be received in evidence at trial because it contravened the Personal Information Protection and Electronic Documents Act…
The Ontario Court of Appeal has just released its decision in McMynn v. Lombard General Insurance, a copy of which we attach. Although the amount of money at stake in the case was relatively modest ($33,271.44), the case is of…