Many people who deal with personal injury damages claims (including lawyers and judges) don’t know (or don’t know that they don’t know) how to calculate prejudgment interest. This edition of the CW Update will summarize the applicable rules. The Courts…
A just-released Superior Court decision reminds us that defendants are not automatically entitled to have a personal injury plaintiff examined by multiple medical practitioners, from various disciplines. They must establish, through evidence, why such examinations are needed.
Royal & SunAlliance v. Lombard and Allianz is a Divisional Court decision from last month that slipped by us. It’s of some interest, so better late than never… RSA is suing Allianz for reimbursement for the amount paid to settle…
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,…
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…
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…
It has come to our attention that some recipients of our newsletter have been receiving, in the last several messages, the text of an earlier update. We apologize for this. Below is the text that should have accompanied today’s update….