In Westlake v. Granby Steel Tanks, the Court of Appeal reviewed the damages award made by a jury in an action arising out of an oil spill at the plaintiffs’ home. The plaintiffs were an elderly couple. Liability had…
Back in 1999, the Ontario Court of Appeal handed down its ruling in the case of General Accident Assurance Company et al. v. Chrusz et al. The decision became one of the leading cases in Ontario on the meaning of…
From time to time in our Update newsletters, we have alerted our subscribers to an invaluable resource for judges, masters, practitioners and insurance claims personnel. It is the “Damages Compendium“, prepared under the auspices of the County of Carleton Law Association….
The recent judgment of Superior Court Justice Ruth Mesbur in Moore v. Wienecke reads more like a law school problem than a real-life set of facts. The plaintiff was involved in motor vehicle accidents in 1998 and 2002, which were the claims…
The conference marked its twenty-fifth anniversary this year. It has become one of the premier continuing education programs for civil litigators in this province. Our own Heather Williams is one of the organizers and we are proud of her contribution.
Justice David Little’s ruling in Stephens v. Stawecki makes it clear that, in determining whether a couple has “cohabited continuously for a period of not less than three years”, so as to make them “spouses” under s. 61 of the…
In Meloche v. McKenzie, a decision of Mr. Justice Terrence Patterson, it was held that CPP disability benefits are deductible from an award of damages for pre-trial income loss in a Bill 59 motor vehicle case. It was also ordered…
The Supreme Court of Canada has today released an interesting decision in which it has reaffirmed the standard of review to be applied by appellate courts in Canada : “palpable and overriding error”. In H.L. v. Canada (Attorney General), the…
There will soon be some significant changes to the way that BI damages are assessed in MVA cases. In this edition of our Update, we will try to assist you in applying these new principles.
This case, released today, is a bit of a head-scratcher.In Branco v. Allianz Insurance, the plaintiffs were claiming damages as a result of personal injuries suffered in a motor vehicle accident. The trial lasted eight days before Justice Siegel and…