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Saturday, Jun 24, 2017

S.C.C. finds forum selection clause in terms of use consumer contract not enforceable in B.C. privacy class action against Facebook

Author Michael S. Teitelbaum

In Douez v. Facebook, Inc., a 91-page decision released by the Supreme Court of Canada on June 23rd, 2017, by a 4-3 majority, (with the m... Read More
Friday, Jun 23, 2017

Ont. Super. Ct. finds auto insurer liable to indemnify defendant driver for poor passenger drop-off choice which was use or operation of insured vehicle

Author Michael S. Teitelbaum

In Hoang v. The Personal Insurance Co., Ontario Superior Court Justice Morgan determined on a summary judgment motion that the automobile insu... Read More
Thursday, Jun 22, 2017

Ont. Super. Ct. refuses leave to appeal from order appointing PGT as litigation guardian

Author Michael S. Teitelbaum

Further to the earlier Blawg posts, pasted below, in Huang v. Braga, the self-represented plaintiff's motion for leave to appeal, to the ... Read More
Thursday, Jun 22, 2017

Ont. C.A. upholds summary dismissal of mva action finding left-turning plaintiff did not discharge her burden to show her claim has a real chance of success

Author Michael S. Teitelbaum

Further to the previous Blawg post, pasted below, in Mayers v. Khan, the Ontario Court of Appeal, in a decision released on June 22nd, 2017, u... Read More
Wednesday, Jun 21, 2017

On appeal of arbitration decision in SABS priority dispute, Ont. Super. Ct. finds "transmission of force" doctrine not applicable, and sets aside finding on which insurer obliged to pay claimant

Author Michael S. Teitelbaum

In Unifund Assurance Company v. ACE INA Insurance Company, a SABS priority dispute, Ontario Superior Court Justice Carole Brown set aside the ... Read More
Tuesday, Jun 20, 2017

N.S.C.A. upholds finding of no fire loss coverage by insurer due to misrepresentation, while reversing finding that broker liable for failing to verify information insured provided to insurer given the complexity of the risk

Author Michael S. Teitelbaum

In Marsh Canada Ltd. v. Grafton Connor Property Inc., a fire loss coverage claim, the Nova Scotia Court of Appeal, in a 64-page judgment, uphe... Read More
Saturday, Jun 17, 2017

Ont. Super. Ct. dismisses contract action as limitation-barred and finds, in any event, alleged misrepresentation not proven, while discussing how to assess evidence and credibility

Author Michael S. Teitelbaum

In Novak v. St. Demetrius (Ukrainian Catholic) Development Corporation, the plaintiff alleged that the defendants breached an agreem... Read More
Friday, Jun 16, 2017

Ont. C.A. orders new trial in mva action because defence medical expert should not have been allowed to testify

Author Michael S. Teitelbaum

In Bruff-Murphy v. Gunawardena, the Ontario Court of Appeal, in a 29-page decision released on June 16th, 2017, set aside the jury verdict awa... Read More
Thursday, Jun 15, 2017

Ont. C.A. upholds certification of class action against law firm in respect of alleged violation of Solicitors Act's contingency fee provisions

Author Michael S. Teitelbaum

In Hodge v. Neinstein, the Ontario Court of Appeal, in a 68-page decision, released on June 15th, 2017, dismissed the appeal from the Division... Read More
Thursday, Jun 15, 2017

Ont. Super. Ct. finds auto policy properly terminated in light of non-receipt by insurer of automatic premium payments due to insufficient funds in insured's account

Author Michael S. Teitelbaum

In Singh v. Sangha, further to the previous Blawg post, pasted below, Ontario Superior Court Justice Chiappetta has now found that the require... Read More
Thursday, Jun 15, 2017

Ont. Super. Ct. orders attendance of counsel and possibly further materials in respect of settlement approval requested for infant plaintiffs' FLA claims

Author Michael S. Teitelbaum

In Saghbini v. Gabbat, a mva action in which "over the counter" court approval was being sought of the settlement of the claims of two mi... Read More
Thursday, Jun 15, 2017

Ont. Super. Ct. issues supplementary reasons on two points in respect of order for defence medical examinations

Author Michael S. Teitelbaum

Further to the previous Blawg post, pasted below, in Kushnir v. Macari, Ontario Superior Court Justice MacLeod-Beliveau issued supplement... Read More
Wednesday, Jun 14, 2017

Ont. C.A. upholds striking of negligent investigation claim against LSUC

Author Michael S. Teitelbaum

Further to the previous Blawg post in Robson v. The Law Society of Upper Canada, pasted below, on June 7th, 2017, the Ontario Court of Appeal ... Read More
Wednesday, Jun 14, 2017

While Ont. Super. Ct. finds breach of the standard of care, negligence, etc. claims against municipality for its enforcement of zoning and exotic animal by-laws are dismissed because of plaintiff's actions

Author Michael S. Teitelbaum

In Rausch v. The Corporation of the City of Pickering, Ontario Superior Court Justice Chalmers, in a 20-page decision, found that the defendan... Read More
Tuesday, Jun 13, 2017

Ont. Super. Ct. grants LTD insurer partial summary judgment for certain periods for which benefits were claimed on basis WSIB benefits that could have been available to claimant offset disability benefits that might be payable

Author Michael S. Teitelbaum

In Wilken v. Sun Life Assurance Company, a claim for disability benefits, on the defendant's summary judgment motion, Ontario Superior Court J... Read More
Tuesday, Jun 13, 2017

Ont. Super. Ct. finds PLUP affords excess auto liability coverage after two primary auto policies are exhausted

Author Michael S. Teitelbaum

In Benson v. Walt, Ontario Superior Court Justice Shaughnessy addressed the question of priority among two primary, and one umbrella, aut... Read More
Monday, Jun 12, 2017

Ont. Super. Ct. finds plaintiff, alleging chronic pain, did not sustain serious impairment as there was no substantial interference with her employment or daily living activities

Author Michael S. Teitelbaum

In Johnston v. Walker, a 20-page decision by Ontario Superior Court Justice Charney, on a threshold motion in respect of a 2008 motor vehicle ... Read More
Monday, Jun 12, 2017

Ont. Super. Ct. dismisses subrogated environmental claim involving leaking fuel oil tank against fuel oil service contractor

Author Michael S. Teitelbaum

In Brown v. W.O. Stinson & Son Ltd., a 27-page decision, Ontario Superior Court Justice Sheard dismissed this subrogated claim for damages... Read More
Saturday, Jun 10, 2017

LAT Adjudicator finds applicant insured working in Alberta and involved in Alberta accident was an Ontario resident entitled to Ontario accident benefits

Author Michael S. Teitelbaum

The Licence Appeal Tribunal's decision in 16-001904 v Security National Insurance Company is of interest because it addresses whether the... Read More
Friday, Jun 09, 2017

Ont. Super. Ct. dismisses tenant's action against landlord based on covenant to insure and "as is" provisions in their lease

Author Michael S. Teitelbaum

In Canadian Language Leadership Centre v. 20 Eglinton, Ontario Superior Court Justice Morgan, based on the covenant to insure in the commercia... Read More
Friday, Jun 09, 2017

In claim under insurance policy's forgery coverage, Sask. Q.B. finds, inter alia, that "trickery" exclusion applies and no coverage available

Author Michael S. Teitelbaum

In Edmison v. Wawanesa Mutual Insurance Company, an appeal of a Provincial Court decision to the Saskatchewan Court of Queen's Bench, the Prov... Read More
Thursday, Jun 08, 2017

FSCO Director's Delegate finds SABs entitlement where claimant's horse was spooked by ATV which led to it slipping in mud and trampling claimant

Author Michael S. Teitelbaum

Related Lawyer Linda Kiley

In Zenith and McAlpine, FSCO Director's Delegate Evans dismissed the insurer's appeal from the arbitrator's finding that the claimant was... Read More
Wednesday, Jun 07, 2017

Ont. Super. Ct. grants partial summary judgment to plaintiffs on liability in mva action finding, inter alia, defendants 1% liable so issue of alleged involvement of unidentified vehicle moot

Author Michael S. Teitelbaum

In Mehlenbacher v. Cooper, a mva action, Ontario Superior Court Justice Howard granted the plaintiffs partial summary judgment motion, holding... Read More
Wednesday, Jun 07, 2017

In assessing costs where Ont. Super. Ct. found damages should be on the basis of the diminution of value of the plaintiffs' property, insurance monies received by plaintiffs were held to reduce damages

Author Michael S. Teitelbaum

Scaffidi-Argentina v. Tega Homes Developments Inc. involved a claim by the owners of a five-unit residential rental property who alleged ... Read More
Tuesday, Jun 06, 2017

Ont. Super. Ct. awards lump sum of $390K for FLA claims for loss of care and caregiving services

Author Michael S. Teitelbaum

In Robins v. Wagar, Ontario Superior Court Justice Mew awarded Family Law Act damages on a lump sum basis for both loss of care, gui... Read More
Tuesday, Jun 06, 2017

Ont. Super. Ct. sets aside SABS arbitration decision, finding that insurer did not comply with Insurance Act's renewal provisions so auto policy continued in force

Author Michael S. Teitelbaum

In H.M. The Queen in Right of Ontario v. Axa Insurance Canada, a priority dispute, Ontario Superior Court Justice Cavanagh set aside the arbit... Read More
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