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Tuesday, Feb 13, 2018

Canadian Underwriter article on additional insured coverage

Author Michael S. Teitelbaum

Many thanks to one of Hughes Amys' excellent students-at-law, Michael Cara, who assisted me with the preparation of the attached Canadian Underwrit... Read More
Thursday, Feb 15, 2018

Ont. Master orders, inter alia, that plaintiff's security for costs obligation be addressed by including the defendant as a priority beneficiary under the plaintiff's adverse costs insurance

Author Michael S. Teitelbaum

In Hontaru v Doe, a subway door closing accident leading to a fall, Ontario Master Jolley dealt with two motions: 1) The plaintiff's motion to (a)... Read More
Thursday, Feb 15, 2018

In SABS claim, Ont. Div'l. Ct. finds it unnecessary to determine whether "but for" or "material contribution" tests apply to determine causation

Author Michael S. Teitelbaum

Related Lawyer Bevin Shores

In Agyapong v. Jevco Insurance Company, a three-judge panel of the Ontario Divisional Court has dismissed the claimant's application for judi... Read More
Wednesday, Feb 14, 2018

Ont. Super. Ct. refuses full indemnity costs to additional insureds who were granted the right to appoint and instruct counsel due to a conflict

Author Michael S. Teitelbaum

Further to the earlier Blawg post, pasted below, in Lefeuvre v. Boekee, in which Ontario Superior Court Justice de Sa held that additional insureds... Read More
Monday, Feb 12, 2018

Celebrating Hughes Amys' 100th Anniversary!

Author Michael S. Teitelbaum

Related Lawyer James Victor Maloney

With great pride in all of our firm’s accomplishments, and looking ahead with enthusiasm as we enter our second century of providing dedicate... Read More
Saturday, Feb 10, 2018

Ont. Super. Ct. finds right of action in bailment is an exception to the statutory prohibition against an insured's right of action for auto property damage

Author Michael S. Teitelbaum

Burridge v. Hardy is a 40-page decision by Ontario Superior Court Justice Verbeem sitting as a Divisional Court Judge on appeal from a Small Claim ... Read More
Saturday, Feb 10, 2018

Ont. Master dismisses plaintiff's motion to add snow removal contractor as defendant because claim limitation-barred as no evidence of due diligence

In Laurent-Hippolyte v. Blasse, a motor vehicle accident action, Ontario Master Sugunasiri dismissed the plaintiff's motion to add a snow removal c... Read More
Friday, Feb 09, 2018

In dispute among auto insurers on defence and indemnity obligations, B.C.S.C. finds it has territorial jurisdiction and is the convenient forum to hear the action

Author Michael S. Teitelbaum

In Budget Rent a Car v. Philadelphia Indemnity Insurance, a coverage dispute among insurers regarding their respective responsibility to contribute... Read More
Thursday, Feb 08, 2018

Ont. Master extends time for filing of jury notice in travel policy claim

Author Michael S. Teitelbaum

In Gross v. TIC Travel Insurance Coordinators Inc., a claim under a travel insurance policy, Ontario Master McAfee allowed the late delivery of a j... Read More
Tuesday, Feb 06, 2018

Ont. Super. Ct. dismisses defendant hospital's motions to enforce a settlement or summarily dismiss the action

Author Michael S. Teitelbaum

Martin v. St. Thomas – Elgin General Hospital is a medical/hospital malpractice claim alleging improper treatment of the plaintiff's leg frac... Read More
Monday, Feb 05, 2018

Ont. Super. Ct. dismisses motion to strike allegations of a human rights claim in a wrongful dismissal action as what the limitation is, and whether the claim is continuous, must be determined

Author Michael S. Teitelbaum

In Torres v. Export Packers, a wrongful dismissal action, Ontario Superior Court Justice Ricchetti declined to strike certain allegations in the Cl... Read More
Monday, Feb 05, 2018

In disability benefits claim, B.C.S.C. awards $30K in mental distress damages, and $30K in punitive damages

Author Michael S. Teitelbaum

In Godwin v. Desjardins Financial Security Investments Inc., a 49-page decision in respect of a claim under a group disability insurance policy, th... Read More
Monday, Feb 05, 2018

Ont. Super. Ct. dismisses summary judgment motion in occupiers case finding genuine issues requiring a trial

Authors Caroline Mowat and Michael S. Teitelbaum

Many thanks to Caroline Mowat for preparing the following case note on the Ontario Superior Court decision of Douglas v. Borthwick while I was away... Read More
Sunday, Feb 04, 2018

Ont. C.A. again weighs in on the "never ending battle" over what is a final vs. interlocutory order

Author Michael S. Teitelbaum

Further to the Blawg post pasted below, the Ontario Court of Appeal in Houle v. St. Jude Medical found that Perell J.'s order approving a litigatio... Read More
Saturday, Feb 03, 2018

In mva action, Ont. Super. Ct. summarily dismisses claims for punitive and exemplary damages while declining to dismiss aggravated damages claim

Author Michael S. Teitelbaum

In Ngo v. Miller, a mva action, Ontario Superior Court Justice Edwards granted partial summary judgment dismissing the plaintiff's claims for punit... Read More
Saturday, Feb 03, 2018

Ont. C.A. finds appellate review standard for insurance arbitral decisions on SABS priority disputes is reasonableness, and excluded drivers entitled to SABs as along as not they are not driving excluded vehicles

Author Michael S. Teitelbaum

In The Dominion of Canada General Insurance Company v. State Farm Mutual Automobile Insurance Company, a 25-page decision in respect of two arbitra... Read More
Saturday, Feb 03, 2018

Ont. Sup. Ct. applies exclusionary endorsement under fleet policy limiting OPCF 44R coverage, finds tractor-trailer operator's personal vehicles' policy responds for OPCF 44R coverage

Authors Bevin Shores and Michael S. Teitelbaum

Many thanks to Bevin Shores for preparing the following note about Ontario Superior Court Justice Whitten's decision in Kahlon v. ACE INA Insurance... Read More
Saturday, Feb 03, 2018

Ont. C.A. dismisses motion in El-Khodr case to withdraw its reasons in its prior appeal decision and other alternative relief

Authors Bevin Shores and Michael S. Teitelbaum

Many thanks to Bevin Shores for preparing the following note about the Ontario Court of Appeal's most recent decision in El-Khodr v. Lackie while I... Read More
Saturday, Feb 03, 2018

Ont. Div'l. Ct. upholds trial judge's finding with respect to Insurance Act threshold; allows partial appeal of denial of costs to defendant

Authors Bevin Shores and Michael S. Teitelbaum

Many thanks to Bevin Shores for preparing the following note on the Ontario Divisional Court's 23-page decision in Saleh v. Nebel while I was away:... Read More
Wednesday, Jan 24, 2018

In mva action, where plaintiff recovered approximately $20K, and "beat" her offer, Ont. Super. Ct. awarded the plaintiff just over $237K in costs

Author Michael S. Teitelbaum

In Persampieri v. Hobbs, Ontario Superior Court Justice Sanderson addressed costs following the jury trial of this mva action. She awarded the... Read More
Wednesday, Jan 24, 2018

Ont. Super. Ct. declines to summarily dismiss property damage claim finding trial required to determine meaning of contractual clause defendant argued bars the claim

Author Michael S. Teitelbaum

In Patterson v. McGoey, a property damage claim by the plaintiff homeowners against the defendant who was retained to oversee construction of their... Read More
Tuesday, Jan 23, 2018

Ont. Master allows addition of unidentified carrier as defendant to seek declarations of coverage more than 5 years after accident

Author Michael S. Teitelbaum

In Rooplal v. Fodor, a bus passenger accident, Ontario Master Pope permitted the plaintiff to add TTC Insurance Company Limited as a party defendan... Read More
Tuesday, Jan 23, 2018

In mva action where plaintiff recovered zero in damages, defendants awarded partial indemnity costs

Author Michael S. Teitelbaum

Further to the previous Blawg post, pasted below, in Day v. Haiderzadeh, a mva action, Ontario Superior Court Justice DiTomaso addressed costs afte... Read More
Monday, Jan 22, 2018

ONSC limits instruction by, and reporting to, insurers where conflict of interest found

Author Michael S. Teitelbaum

Please find pasted below an article about Lefeuvre v. Boekee, a decision by the Ontario Superior Court on additional insured coverage previously po... Read More
Saturday, Jan 20, 2018

Ont. Super. Ct. holds that auto insurer which settled certain claims for its policy limits while knowing of another claim must pay that claim

Author Michael S. Teitelbaum

In Scale Estate v. The Cooperators General Insurance Company, Ontario Superior Court Justice Nightingale declared that money payable under a motor ... Read More
Saturday, Jan 20, 2018

In mva action, Ont. Super. Ct. finds umbrella insurer obliged to pay the costs of uninsured carriers because of failure to disclose in a timely fashion documents showing insured was not vehicle owner, and there was primary coverage

Author Michael S. Teitelbaum

In Hazaveh v. Pacitto, an action relating to a motor vehicle accident, Ontario Superior Court Justice Cavanagh held that the umbrella insurer, Stat... Read More
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