The Court of Appeal ruled today, in Wu v. Zurich Insurance Company, that a $3.1 million settlement of an accident benefits claim was enforceable by the estate of the injured claimant, who died before the settlement had been approved by…
Air Canada et al. v. Westjet Airlines Ltd. et al. is evidently “the largest case of corporate espionage ever seen in Canada”. It will undoubtedly spawn many rulings as it proceeds through the courts and today’s is an interesting one….
In Resch v. Canadian Tire et al., a 15 year old boy was seriously injured in a bicycle accident. He sued the manufacturer and the vendor of the bicycle. In an interesting ruling, the trial judge, Superior Court Justice Nancy Spies, held…
Justice Gerald Day has ruled that a release given by a plaintiff who had settled a claim arising out of one motor vehicle accident also applies to a second action brought by the same plaintiff, consequent upon another car accident. The…
In a decision that will be of great interest to the insurance industry, the Court of Appeal ordered a new trial in a personal injury action. The defence won on all three grounds of appeal: (a) the trial judge’s refusal to…
In George S. Szeto Investments Ltd. et al. v. Ott et al., Master Robert Beaudoin has provided a very useful “checklist” of factors that a court will consider when deciding whether or not a party’s solicitor should, on motion by…
The Court of Appeal has just released its decision in Calvin Forest Products v. Tembec Inc. This was a case that was tried in Ottawa last year, before Justice Roydon Kealey and a jury. At the end of the…
Here’s a case that we missed when it was first released last September. It has just been reported in the Ontario Reports, so the lawyers, judges and masters who subscribe to our Updates will already have seen it. But for the…
In a rather unusual ruling, Mr. Justice Herman Siegel has awarded costs on a substantial indemnity basis to a defendant, on the basis that both litigants were commercial parties with substantial resources and access to specialized legal advice. The award…
In Rudd v. Trossacs Investments Inc., the Divisional Court has ruled that a party to a settlement reached at a mandatory mediation could not examine the mediator as a witness on a subsequent motion seeking rectification of the settlement. Justices…