Bad news for insurers. In Ksiazek v. Newport Leasing Limited, Mr. Justice C. Raymond Harris extended the application of the Court of Appeal’s decision in Rider v. Dydyk and ruled that a defendant’s offer to settle should be compared with…
In Petti v. George Coppel Jewellers Ltd., Mr. Justice Joseph W. Quinn, sitting as a judge of the Divisional Court, ordered a new trial of a Small Claims Court action, where the Deputy Judge had decided the case, in part,…
In Abdallah v. Snopek, the Divisional Court, by a margin of 2-1, ordered a new trial of a personal injury action arising out of a motor vehicle accident. The decision opened with the often-quoted words, “[a] jury trial is…
Charge of Sproat J.pdf [UPDATE: Mr. Justice Sproat’s charge to the jury on the issue of causation has been added to this post in the link immediately above. Thanks to David Cheifetz, who received a copy of the charge from plaintiff’s…
Subrule 53.03(1) of the Rules of Civil Procedure provides that, “[a] party who intends to call an expert witness at trial shall, not less than 90 days before the commencement of the trial, serve on every other party to the…
After yesterday’s decision by the Court of Appeal in Prudential Securities Credit Corp., LLC v. Cobrand Foods Ltd., we are unlikely to see many more motions for non-suit in this province. The Court said that the procedure “has little practical…
In Laudon v. Roberts, Mr. Justice Guy D. DiTomaso ruled that an expert witness retained by the plaintiff could not testify at trial. The action was one for personal injuries arising out of a boating accident. The plaintiff had been a passenger…
In Gordon v. Greig, Justice Bruce A. Glass has assessed damages arising out of catastrophic injuries to two young men who were involved in the same motor vehicle accident. Both were awarded general non-pecuniary damages of $310,000, the maximum available…
The decision of Mr. Justice David M. Brown in Caci v. MacArthur raises some interesting questions relating to apportionment of fault. It also applied to this MVA action a line of decisions in sexual abuse cases, where defendants had not been…
In an interesting decision, just released, Mr. Justice De Lotbinière Panet dismissed a third party claim brought by a defendant against an engineering firm which had provided a report to the plaintiff. Vie Holdings Inc. v. Imperial Oil Limited was…