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Saturday, Oct 07, 2017

Ont. Super. Ct. finds no duty to defend additional insured because the true nature of the allegations against it do not arise "solely" out of the operations of the named insured

Author Michael S. Teitelbaum

In Brookfield Johnson Controls Canada LP v. Continental Casualty Company, Ontario Superior Court Justice Jane Ferguson held that the respondent ins... Read More
Friday, Oct 06, 2017

Ont. Super. Ct., citing s. 263 of the Insurance Act, dismisses auto property damage action against driver of leased vehicle, while finding there were issues requiring a trial of the claims against the vehicle's lessee

Author Michael S. Teitelbaum

In Straight Forward Auto Service Inc. v. Mead, a claim for property damage to a leased vehicle, Ontario Superior Court Justice Gray dismissed the a... Read More
Friday, Oct 06, 2017

Ont. C.A. addresses the test for causation and appropriate jury questions and instructions in finding jury's dismissal of medical malpractice action not effected by them

Author Michael S. Teitelbaum

The Ontario Court of Appeal, in a 58-page decision in Sacks v. Ross, a medical malpractice action, released on October 5th, 2017, addressed, among ... Read More
Thursday, Oct 05, 2017

Ont. C.A. sets aside finding of no duty to defend owed by two insurers because of conflict of interest as application was brought by third insurer who would likely benefit from the upholding of that finding, and directs submissions on...

Author Michael S. Teitelbaum

appointment of amicus Further to the previous Blawg post, pasted below, in Reeb v. The Guarantee Company of North America, the Court of Appeal set... Read More
Tuesday, Oct 03, 2017

Ont. Super. Ct. reviews decisions on liability for organized sports injuries in summarily dismissing plaintiff's action for assault by another player against association, coach and managers

Author Michael S. Teitelbaum

In Da Silva v. Gomes, a 37-page decision, Ontario Superior Court Justice Shaw summarily dismissed this action against most of the defenda... Read More
Tuesday, Oct 03, 2017

B.C.S.C. finds that unclear pleas in complaint that includes allegation of battery requires a defence under a homeowners' policy by counsel appointed by insured because of conflict of interest

Author Michael S. Teitelbaum

In Co-operators General Insurance Company v. Kane, the British Columbia Supreme Court, in a 27-page decision, found the insurer was obliged to... Read More
Monday, Oct 02, 2017

In a subrogated fire loss claim, Ont. Super. Ct. orders, inter alia, that plaintiff produce its insurance policy but not its instruction letters to its expert witness

Author Michael S. Teitelbaum

In Maxrelco Immeubles Inc. v. Jim Pattison Industries Ltd., a fire loss claim where the trial has been bifurcated, and the liability portion i... Read More
Monday, Oct 02, 2017

Ont. Super. Ct. declines insurer's motion to enforce SABS settlement because Release included rescission notice, and insured rescinded settlement on the same day

Author Michael S. Teitelbaum

In Co-operators General Insurance Company v. Doobay, Ontario Superior Court Justice Sloan dismissed the plaintiff insurer's motion to enf... Read More
Thursday, Sep 28, 2017

Ont. C.A. sets aside order because full record required to decide if coroner's inquest legal expenses qualify as a FLA pecuniary claim, while allowing amendment so trial judge can decide this question

Author Michael S. Teitelbaum

Further to the previous Blawg post, pasted below, in Harris v. Ontario (Community Safety & Correctional Services), the Ontario Court of Ap... Read More
Thursday, Sep 28, 2017

Ont. Super. Ct. finds no occupiers' liability where plaintiff hired to do roofing work fell from roof

Author Michael S. Teitelbaum

In Osmond v. Watkins, Ontario Superior Court Justice Broad summarily dismissed this occupiers' liability action that arose from the plain... Read More
Thursday, Sep 28, 2017

P.E.I.S.C. summarily dismisses fire loss claim against bailee, holding absence of sprinkler system not negligent based on industry practice in province, and no evidence that fire alarm system would have prevented loss

Author Michael S. Teitelbaum

In MacKinnon v. Cudmore, a 21-page decision, the Prince Edward Island Supreme Court summarily dismissed this fire loss claim against the defen... Read More
Thursday, Sep 28, 2017

Ont. Super. Ct. rules that plaintiff passenger not entitled to uninsured coverage where vehicle was owned by his spouse, and was being driven without the spouse's consent

Author Michael S. Teitelbaum

Further to the previous Blawg posts, pasted below, in Skunk v. Ketash, the parties agreed that the Ontario Superior Court would decide on a po... Read More
Tuesday, Sep 26, 2017

Ont. Super. Ct. finds insurers in priority dispute had an arbitration agreement that provided for the appeal of an arbitration decision on mixed fact and law

Author Michael S. Teitelbaum

Travelers Insurance Company v. CAA Insurance Company, a SABS priority dispute, addressed the procedural question of whether the applicant, Traveler... Read More
Tuesday, Sep 26, 2017

Hughes Amys Noteworthy article - Deductibles, Pre-Judgment Interest, Etc. The Court of Appeal Settles the Law - Or Does It

Author Michael S. Teitelbaum

Related Lawyer Richard F. Horak

Please find attached an excellent article published in our firm's newsletter, Noteworthy, by my partner, Rick Horak, reviewing the two recent ... Read More
Friday, Sep 22, 2017

Ont. C.A. reverses decision that LTD benefits claim not limitation-barred

Author Michael S. Teitelbaum

Further to the earlier Blawg post, pasted below, in  Pepper v. Sanmina-Sci Systems (Canada) Inc., the Ontario Court of Appeal, in Reasons for ... Read More
Friday, Sep 22, 2017

Ont. C.A. dismisses appeal from finding that Ontario substantive law applies, and S.C.C. refuses leave to appeal from that decision

Author Michael S. Teitelbaum

Further to the previous Blawg post, pasted below, in Thorne v. Hudson, earlier this year, the Ontario Court of Appeal upheld the motion judge's fin... Read More
Thursday, Sep 21, 2017

Ont. Super. Ct. addresses "complicated" issues on, inter alia, vicarious liability, contribution and indemnity, and OPCF 44R coverage in a mva/commercial host liability action following a jury verdict

Author Michael S. Teitelbaum

Following the verdict in a jury trial in Tuffnail v. Meekes, in a 25-page decision, Ontario Superior Court Justice Rady dealt with certain is... Read More
Wednesday, Sep 20, 2017

Ont. Super. Ct. declines to summarily dismiss mva action finding sufficient evidence to raise discoverability issue

Author Michael S. Teitelbaum

In Malyavina v. Akanda, Ontario Superior Court Justice MacLeod dismissed the defendant's summary judgment motion seeking a dismissal of this D... Read More
Tuesday, Sep 19, 2017

In two decisions, Ont. C.A. finds, inter alia, that amendments to auto tort general damages pji rate, statutory deductible, and determination of costs are all retrospective

Author Michael S. Teitelbaum

In two much-anticipated decisions by auto insurance law practitioners and insurers, the Ontario Court of Appeal released their reasons for judgment... Read More
Monday, Sep 18, 2017

Ont. Super. Ct. summarily dismisses slip and fall claim because no objective evidence of an unsafe condition and no breach of maintenance obligations

In Hamilton v. Ontario Corporation #2000533 o/a Toronto Community Housing Corporation, Ontario Superior Court Justice Sanfilippo summarily dis... Read More
Saturday, Sep 16, 2017

Ont. Super. Ct., inter alia, certifies class action for intrusion upon seclusion in respect of the accessing of personal health information

Author Michael S. Teitelbaum

In Daniells v. McLellan, a 35-page decision, Ontario Superior Court Justice Ellies certified a class action for, inter alia, the privacy ... Read More
Friday, Sep 15, 2017

Ont. Super. Ct. permits addition of party defendant engineer in construction claim because basis for claim against it discovered within two years of motion to add it

Author Michael S. Teitelbaum

In The Corporation of the United Counties of Prescott & Russell v. David S. Laflamme Construction Inc. and Waterproof Concrete (Canada) Lt... Read More
Thursday, Sep 14, 2017

Ont. C.A. upholds finding that where Minnesota statute limits recovery against State, claim above the limit is an underinsured claim, but reverses holding that insured can claim expense of U.S. action as special damages

Author Michael S. Teitelbaum

Further to the Blawg post, pasted below, in Hartley v. Security National Insurance Company, the Ontario Court of Appeal in a 22-page decision ... Read More
Wednesday, Sep 13, 2017

Ont. Super. Ct. finds claim by mortgagee alleging faulty appraisal limitation-barred, while stating the issue of whether a duty was owed to a third party to the appraisal where the report restricts duty owed would have required a trial

Author Michael S. Teitelbaum

In Devincenzo v. Moir, Ontario Superior Court Justice Leitch summarily dismissed this action relating to reliance on an appraisal report on th... Read More
Tuesday, Sep 12, 2017

Ont. Master grants auto tort defendants relief from deemed undertaking rule so discovery evidence can be used before the LAT given the arrangements that the parties agreed to on the defence of the tort and SABS claims

Author Michael S. Teitelbaum

In David v. Tangri, the plaintiff pedestrian is suing the defendants in this mva tort action, and also has a SABS claim before the Licence App... Read More
Tuesday, Sep 12, 2017

Single judge of Ont. Div'l. Ct. addresses what can be considered in determining a SABS loss transfer dispute where second insurer questions selection of first insurer

Author Michael S. Teitelbaum

In Primmum Insurance Company v. L’Unique Assurances Générales Inc., a SABS loss transfer dispute, (or as Her Honour phrase... Read More
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