In PIPEDA case #362, an insurance adjuster had obtained from an accidents benefits claimant a release for medical records. The document read as follows: I hereby authorize any doctor, hospital, clinic, institution or person, possessing information or medical records on…
In Rivera v. Leblond, Madam Justice Julie Ann Thorburn was asked to approve the settlement of the claim of a cyclist who had suffered a serious head injury when struck from behind by an automobile. In the course of her…
In George v. Thach, Superior Court Justice Harvey Spiegel ruled that “The failure to possess a lawfully issued operator’s permit does not of itself constitute incompetence or inexperience.” Accordingly, the employer of an unlicensed driver was not vicariously liable for…
In Shuker v. Gagne, Mr. Justice Barry Matheson of the Ontario Superior Court refused to permit the plaintiffs to amend their statement of claim, to plead that a defendant who had already been sued in the capacity of owner of a…
In Morrow v. Symons, a young man was seriously injured while being towed on inline skates. He sued the driver of the car towing him, as well as three your men who were occupants of the car at the time….
In Cassels, Brock & Blackwell v. LawPRO, the Court of Appeal ruled that a duty to defend was not owed to the plaintiff law firm by its liability insurance carrier, the Lawyers’ Professional Indemnity Company (“LawPRO”). The policy contained an…
Madam Justice Janet Wilson of the Ontario Superior Court has released a significant decision in the interpretation of commercial general liability insurance policies. In York Region Condominium Corporation No. 772 v. Lombard Canada, she rejected coverage arguments raised by Lombard…
UPDATE: On August 23, 2007, the Supreme Court of Canada dismissed with costs an application for leave to appeal this decision. The original post follows. In Eichmanis v. Wawanesa, the Court of Appeal has clarified the intepretation to be placed on…
In Laporte v. Ridgewell, Master Lou Anne M. Pope ordered the defendants to pay costs where the claims representative of the defendants’ insurer balked at travelling from outside Windsor for a mediation. The defendants had proposed to have the claims representative participate…
It is not every day that the Court of Appeal says that one of its earlier decisions was wrongly decided, but that is what happened today. In Lawrence v. Maple Trust Company, a five-member panel of the Court said that…