Chaston v. Rathour shows that it can be tricky to figure out the costs consequences of offers to settle under Rule 49 of the Rules of Civil Procedure in cases involving multiple defendants. (Actually, the reasons of Mr. Justice David S….
In Marcoccia v. Ford Credit Canada Limited, Mr. Justice Patrick Moore has written the latest chapter in one of Canada’s largest personal injury cases. In the course of doing so, he has made some instructive points about determining costs as…
UPDATE: CanLII now has an active link to the reasons in this case. You can access it here. Accordingly, we have removed the PDF link that formerly appeared as part of this post. Mr. Justice Robert Smith has released a significant decision…
Abel v. Hamelin Costs Reasons Our post about the Montebello Civil Litigation Conference contained a brief discussion of a recent costs decision by Mr. Justice Charles Hackland in Abel v. Hamelin. We now have a copy of the reasons and…
The 2007 edition of the Montebello Civil Litigation Conference has ended. Our Heather Williams is the conference co-chair and Susanne Sviergula is on the organizing committee. The conference featured numerous visiting guests, each of whom lavished praise on the conference…
In Davies v. The Corporation of the Municipality of Clarington, Madam Justice J.E. Ferguson of the Ontario Superior Court was fixing costs in an action in which one of the defendants, “Blue Circle”, had been successful in having the claim…
At the trial of Dunstan v. Flying J. Travel Plaza, a slip and fall case, the jury found that the defendant was not liable to the plaintiff. Accordingly, the action was dismissed. The trial judge’s disposition of the costs issue…
Some very good news for the plaintiff’s bar today, from the Court of Appeal: insurers’ offers to settle in MVA cases should contain “cushions” against the statutory deductibles. In Rider et al. v. Dydyk, the Court (Justices Jurianz, MacPherson and…
In Reaume v. Unifund Assurance, Justice Edward R. Browne was asked to consider the issue of “risk premiums” in an award of costs. Regular readers will recall that the Supreme Court of Canada said, in Ritchie v. Walker, that risk…
Lau v. Bloomfield is the latest in a series of cases in which judges have taken lawyers to task for inadequate materials filed in support of motions for court approval of settlements. (See our previous discussions of Marcoccia v. Gill and…