D.L.G. & Associates Ltd. v. Minto Properties Inc., 2014 ONSC 7287 (CanLII), a decision of Justice Paul Perell, raises some questions as to how far-reaching are the effects of a covenant to insure between landlord and tenant. Justice Perell considered…
I admit that this case may only be of interest to those of us acting for insurers and at discounted hourly rates. But in Sigma Capital Management Group Inc. v. KPMG LLP & Benzer Ltd. v. KPMG LLP, 2014 ONSC…
In Collins v. Cortez, released today, the Court of Appeal departed from some lower court decisions that had held that a plaintiff intending to rely on the discoverability principle to postpone the commencement of a limitation period must plead in…
UPDATE, June 4, 2014: I learned yesterday, at a meeting of the Civil Rules Committee, that the appeal of this decision is to be heard by the Court of Appeal during the week of September 22, 2014. I understand that…
In Graat v. Adibfar, 2013 ONSC 3264 (CanLII), Justice David Brown fixed costs following the six-day trial of a medical malpractice action. The jury had dismissed the plaintiff’s claim and the defendant doctor sought costs of $74,732.59. The plaintiff suggested that…
Here’s a somewhat puzzling couple of decisions. In Jennings v. Latendresse, 2012 ONSC 6982 (CanLII), Justice John Cavarzan heard a threshold motion after the jury in this MVA trial had retired. In the decision linked to in the previous sentence, he…
In Papapetrou v. 1054422 Ontario Ltd., the Court of Appeal dealt with a question that has hitherto received practically no attention from the courts: what are the consequences of a named insured party breaching a covenant to have another party…