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Saturday, May 20, 2017

Hughes Amys' Jack Fitch being celebrated by the Ontario Trial Lawyers Association as a Leader of the Ontario Personal Injury Bar

Author Michael S. Teitelbaum

Related Lawyer Jack F. Fitch

With great pleasure and enormous pride in his superb legal and advocacy skills, expertise and accomplishments, on behalf of myself and everyon... Read More
Wednesday, May 24, 2017

Ont. Super. Ct., inter alia, summarily dismisses construction lien action against insurer and adjuster for work done by plaintiff contractor after a fire because there was no contract between them and contractor

Author Michael S. Teitelbaum

In AACR Inc. v. Lixo Investments Limited, following a fire at adjacent properties, the plaintiff, AACR Inc. o/a Winmar Toronto/Brampton, perfo... Read More
Tuesday, May 23, 2017

Ont. C.A., in upholding constructive dismissal award, addresses, inter alia, (a) whether the failure to accept an inferior position disentitles the employee to damages, and (b) what income the employee received during the notice period...

Author Michael S. Teitelbaum

must be deducted from the damages award Further to the previous Blawg post, pasted below, in Brake v. PJ-M2R Restaurant Inc., a wrongful/cons... Read More
Tuesday, May 23, 2017

Ont. C.A. upholds decision that property policy appraisal process can proceed, as there was no abuse

Author Michael S. Teitelbaum

Further to the previous Blawg post, pasted below, in 56 King Inc. v. Aviva Canada Inc., the Ontario Court of Appeal, in a decision released on... Read More
Thursday, May 18, 2017

Ont. C.A. finds that, in Ontario, LTD insurer's duty of good faith does not include advising insured of a limitation period

Author Michael S. Teitelbaum

Further to the previous Blawg posts about Usanovic v. Penncorp Life Insurance Company (La Capitale Financial Security Insurance Company), ... Read More
Wednesday, May 17, 2017

Hughes Amys' Bevin Shores' OBA Insurance Law Section Insider newsletter article - THE TEST FOR “INCURRED” EXPENSES IN ACCIDENT BENEFITS: DO WE KNOW YET WHAT “INCURRED” MEANS?

Author Michael S. Teitelbaum

Related Lawyer Bevin Shores

Please find pasted below the excellent article by my partner, Bevin Shores, which appears in the May 2017 OBA Insurance Law Section Insider&nb... Read More
Tuesday, May 16, 2017

Ont. Super. Ct. finds contractor who breached contract by failing to have added to its policy as an additional insured the party with whom it contracted liable to pay that party's defence costs

Author Michael S. Teitelbaum

In Bentley v. Hastings (County), Ontario Superior Court Justice MacLeod Beliveau found that Steve Walt Property Maintenance, the County of Has... Read More
Monday, May 15, 2017

Ont. C.A. finds Release worded broadly enough to "wipe the slate clean" and release negligence claim against accountants unknown at the time Release was executed

Author Michael S. Teitelbaum

In Biancaniello v. DMCT LLP, the Ontario Court of Appeal, in a 23-page decision released on May 15th, 2017, disagreed with the motion jud... Read More
Saturday, May 13, 2017

Ont. Div'l. Ct. Justice upholds Master's refusal to add engineer as defendant because claim is time-barred

Author Michael S. Teitelbaum

Further to the previous Blawg post, pasted below, in Toronto Standard Condominium Corporation No. 2073 v. The Printing Factory Lofts Inc., Ont... Read More
Saturday, May 13, 2017

Alta. Prov. Ct. extols the virtues of golf while finding golf club liable for losing member's stored golf bag

Author Michael S. Teitelbaum

Bloomer v. Connaught Golf Club, an Alberta Provincial Court decision, a claim for damages for a lost golf bag and contents, is an amusing (but... Read More
Friday, May 12, 2017

Ont. C.A., by a 2-1 majority, sets aside addition of Sudbury as a defendant finding no reasonable excuse for the minor plaintiff's litigation guardian failing to give notice of the claim under the Municipal Act

Author Michael S. Teitelbaum

Further to the previous Blawg post, pasted below, in Azzeh v. Legendre, the Ontario Court of Appeal, in a 35-page decision in which Roberts J.... Read More
Thursday, May 11, 2017

Ont. Super. Ct. declines to enforce medical malpractice action settlement where parties could not agree on the form of the Release

Author Michael S. Teitelbaum

In Bajenaru v. Marchie, Ontario Superior Court Justice Faieta dismissed the plaintiffs' motion to enforce a settlement in this medical malprac... Read More
Thursday, May 11, 2017

Hughes Amys' Fatima Vieira succeeds in reducing plaintiff's claim for costs after acceptance of defendants' offer

Author Michael S. Teitelbaum

In Gupta v. Singh, a motor vehicle accident action, thanks to the advocacy of Hughes Amys' own Fatima Vieira, the plaintiff, who accepted the ... Read More
Thursday, May 11, 2017

Ont. C.A. upholds dismissal of action for slip and fall on ice and snow in parking lot, finding evidence supported dismissal, and trial judge's interventions did not affect result

Author Michael S. Teitelbaum

Further to the previous Blawg post, pasted below, in Cannon v. Cemcor Apartments Inc., the Ontario Court of Appeal, in a decision released on ... Read More
Wednesday, May 10, 2017

Ont. C.A. finds non-compliant form of Excluded Driver Endorsement not necessarily void, as the form used is not for a court to set out, and that the Endorsement applied to exclude coverage for a liability claim

Author Michael S. Teitelbaum

In Royal & Sun Alliance Insurance Company of Canada v. Intact Insurance Company, the Ontario Court of Appeal, in a decision released on Ma... Read More
Wednesday, May 10, 2017

Ont. Super. Ct. permits one of "hot tubbed" experts to revise his report without a motion being brought for the filing of a late report

Author Michael S. Teitelbaum

In Health Genetic Center Corp. v. New Scientist Magazine, where Ontario Superior Court Justice Myers made a trial management order at a p... Read More
Wednesday, May 10, 2017

Ont. Super. Ct. declines to grant a summary dismissal to moving co-defendants in mva action where non-moving co-defendants admitted 1% but not 100% liability

Author Michael S. Teitelbaum

In Kanagalingam v. Jeyakumar, a mva action, Ontario Superior Court Justice Carole Brown allowed the moving party defendants, Jeyakum... Read More
Saturday, May 06, 2017

Ont. Master refuses to restore 2006 occupiers' liability action to trial list, and dismisses it

Author Michael S. Teitelbaum

In Ip v. Tsoi, Ontario Master Sugunasiri refused to restore this personal injury action to the trial list, and dismissed it. In 2006, the pla... Read More
Friday, May 05, 2017

B.C.C.A. discusses how to assess damages for the loss of use of a "non-profit-making chattel" in determining the general damages for loss of use of luxury car where plaintiff did not rent a substitute vehicle

Author Michael S. Teitelbaum

In Miller v. Brian Ross Motorsports Corp., the British Columbia Court of Appeal upheld a finding that the plaintiff's loss of use claim for no... Read More
Friday, May 05, 2017

Ont. Super. Ct. awards $200K in costs to successful defendant in occupiers' liability action where plaintiff apparently had adverse costs insurance

Author Michael S. Teitelbaum

In Robbins v. Sears Canada Inc., Ontario Superior Court Justice David Edwards addressed the costs of an 11-day jury trial in this occupie... Read More
Thursday, May 04, 2017

Ont. Super. Ct. summarily dismisses wrongful dismissal action because plaintiff failed to mitigate his damages by taking a comparable job instead of retraining

Author Michael S. Teitelbaum

In Benjamin v. Cascades Canada ULC, a 26-page decision by Ontario Superior Court Justice Glustein in a wrongful dismissal action, His Hon... Read More
Wednesday, May 03, 2017

Ont. Super. Ct. finds agreement between bank and customer barred customer's claim for damages arising from e-mail fraud

Author Michael S. Teitelbaum

In Du v. Jameson Bank, a 21-page decision, Ontario Superior Court Justice Beaudoin summarily dismissed the plaintiff's action seeking to recov... Read More
Wednesday, May 03, 2017

Ont. Div'l. Ct. Justice reverses Small Claims Ct. liability finding in occupiers' claim, holding conclusion that mat at hotel entrance was a hazard was an unreasonable finding which treated hotel like an insurer

Author Michael S. Teitelbaum

In 2085337 Ontario Limited v. Miller, a 2016 occupiers' liability claim that recently came to my attention, Ontario Superior Court Justice Gra... Read More
Tuesday, May 02, 2017

Ont. C.A. upholds ruling that store owner's use of and control over a portion of a municipal sidewalk can make it an occupier of the sidewalk and liable for a fall on it

Author Michael S. Teitelbaum

Further to the previous Blawg post, in Mackay v. Starbucks, pasted below, the Ontario Court of Appeal, in a decision released on May 2nd,... Read More
Tuesday, May 02, 2017

Ont. Super. Ct. finds in mva action: (1) where plaintiff not entitled to general damages, threshold determination not required; and (2) ODSP and OW benefits not deductible from income loss in circumstances of case

Author Michael S. Teitelbaum

In Grajqevci v. Rustaie, a May 2011 mva action defended by the statutory third party only, the jury awarded the plaintiff $15,000 for pain and... Read More
Tuesday, May 02, 2017

Ont. Div'l. Ct. Justice refuses insurer's motion for immediate stay of LAT proceeding because of refusals to adjourn hearing due to filing of affidavit evidence

Author Michael S. Teitelbaum

In Aviva Canada Inc. v. Taylor, Ontario Superior Court Justice Kiteley, sat as a single judge of the Divisional Court on an application f... Read More
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