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Friday, Dec 08, 2017

Ont. Super. Ct. declines to put questions on losses for future income, care and medical appointment mileage expenses to jury because of insufficient evidence

Author Michael S. Teitelbaum

In Day v. Haiderzadeh, a mva action, Ontario Superior Court Justice DiTomaso ruled on whether there was sufficient evidence regarding the claims fo... Read More
Friday, Dec 08, 2017

Ont. Super. Ct. finds vehicle in driver's possession without consent, and plaintiff passenger ought to have known this and, therefore, cannot recover in tort action against uninsured/underinsured carrier

Author Michael S. Teitelbaum

Further to the previous Blawg post, pasted below, in Wagner v. Fellows, a single-vehicle accident action, Ontario Superior Court Justice Mullins fo... Read More
Thursday, Dec 07, 2017

Ont. C.A. addresses issue of when a legal proceeding is an appropriate remedy in the context of a claim against the police for battery and negligent investigation, and reverses finding that battery claim time-barred

Author Michael S. Teitelbaum

Further to the previous Blawg post, pasted below, in Winmill v. Woodstock (Police Services Board), the Ontario Court of Appeal set aside the motion... Read More
Thursday, Dec 07, 2017

Ont. C.A. upholds jury's dismissal of unidentified motorist claim while addressing, inter alia, jury charge and consistency of answers to jury questions

Author Michael S. Teitelbaum

In Montepeque v. State Farm Mutual Automobile Insurance Company, the Ontario Court of Appeal, in a 24-page decision released on December 7th, 2017,... Read More
Thursday, Dec 07, 2017

Ont. Super. Ct. upholds Master's finding of no conflict of interest in plaintiffs' counsel acting for driver and passenger in mva action

Author Michael S. Teitelbaum

Further to the previous Blawg post, pasted below, in Sabean v. Aikman, Ontario Superior Court Justice Cavanagh upheld the Master's finding that pla... Read More
Tuesday, Dec 05, 2017

Ont. Super. Ct. finds aggregate damages common issue can be certified in privacy tort class action

Further to the previous Blawg post, pasted below, in Daniells v. McLellan, where a class action for the privacy tort of intrusion upon seclusion wa... Read More
Tuesday, Dec 05, 2017

Ont. Super. Ct. finds defendant can bring misnomer motion, and allows it to substitute for two of three John Doe defendants

Author Michael S. Teitelbaum

In Loblaw Properties Limited v. Turner Fleischer Architects Inc., a 24-page decision on a procedural matter in a construction claim relating to a t... Read More
Saturday, Dec 02, 2017

Ont. Super. Ct. summarily dismisses construction claim against architect finding contract's "entire agreement" clause precludes claim for pre-contractual representations

Author Michael S. Teitelbaum

In Manorgate Estates Inc. v. Kirkor Architects and Planners, a construction claim, Ontario Superior Court Justice Favreau summarily dismissed the p... Read More
Friday, Dec 01, 2017

Paper on Notable Tort Cases of 2017 co-authored in part by Hughes Amys' Jennifer Malchuk and Laura Dickson

Author Michael S. Teitelbaum

Related Lawyers Jennifer M. Malchuk and Laura Dickson

Congratulations to our Jennifer Malchuk who was among the well-received presenters on November 30th, 2017 to the 17th Annual Advocacy Conference of... Read More
Thursday, Nov 30, 2017

On appeal of loss transfer dispute arbitration, Ont. Super. Ct. finds using the Highway Traffic Act rules of the road as an interpretive aid for the Fault Determination Rules is appropriate as long as it is done without using a tort analysis

Author Michael S. Teitelbaum

In Economical Mutual Insurance Company v. Jevco Insurance Company, Ontario Superior Court Justice Akbarali upheld Arbitrator Densen's decision in t... Read More
Thursday, Nov 30, 2017

Ont. Super. Ct. holds that due to inherent conflict, additional insureds can appoint and instruct defence counsel

Author Michael S. Teitelbaum

In Lefeuvre v. Boekee, an application on the obligations arising from the defence of additional insureds, Ontario Superior Court Justice de Sa held... Read More
Wednesday, Nov 29, 2017

Ont. C.A. upholds jury's finding of liability regarding wind-blown sign in downtown Toronto causing the plaintiff serious injuries while addressing appropriate jury instructions

Author Michael S. Teitelbaum

Further to the previous Blawg post, pasted below, in Reasons for Decision released on November 29th, 2017, the Ontario Court of Appeal, in Parent v... Read More
Wednesday, Nov 29, 2017

Ont. Super. Ct. finds that until a final decision is made following an internal appeal of the LTD insurer's decision, an action is not an appropriate remedy, and the limitation does not begin to run

Author Michael S. Teitelbaum

In Penttila v. Western Life Assurance Company, a LTD benefits action, Ontario Superior Court Justice Lederer dismissed the insurer's summary judgme... Read More
Tuesday, Nov 28, 2017

Hughes Amys' Jennifer Huneault and Jason Arcuri speak to the Property Casualty Underwriters Club on cannabis legalization and insurance coverage issues

Author Michael S. Teitelbaum

Related Lawyers Jason Arcuri and Jennifer Huneault

Further to the earlier Blawg post, pasted below, I'm pleased to advise that Jennifer Huneault's and Jason Arcuri's presentation today at the Proper... Read More
Saturday, Nov 25, 2017

Ont. Super. Ct. finds third party liable for breach of Sale of Goods Act warranty for fitness in respect of component used in septic systems and assesses damages

Author Michael S. Teitelbaum

In Parkhill Excavating Limited v. Robert E. Young Construction Limited, Ontario Superior Court Justice Boswell, in a 38-page decision, found that P... Read More
Thursday, Nov 23, 2017

Ont. Super. Ct. dismisses claims by one co-defendant against another on the basis of a contractual limitation of liability clause between commercial landlord and tenant under which property manager could shelter

Author Michael S. Teitelbaum

In Marsh Canada Limited v. Centennial Plumbing and Heating Limited, Ontario Superior Court Justice Monahan granted summary judgment to the defendan... Read More
Thursday, Nov 23, 2017

Alta. Q.B. finds vacancy exclusion applies and no fire coverage available

Author Michael S. Teitelbaum

In Taylor v. Co-operators General Insurance Company, the Alberta Court of Queen's Bench dismissed this fire coverage claim on the basis the vacancy... Read More
Thursday, Nov 23, 2017

Ont. Super. Ct. dismisses, on procedural grounds, motion seeking determination whether juries should be told of the statutory deductible for mva claims

In Nwokomah v. Galle, Ontario Superior Court Justice McSweeney dismissed the plaintiff's motion seeking a decision, before trial, of the meaning of... Read More
Wednesday, Nov 22, 2017

Ont. Master dismisses motion to add winter maintenance contractor as defendant because no evidence of due diligence, including letter inquring whether there is a maintenance contract

Author Michael S. Teitelbaum

In Pashkiewich v. City of Toronto, Ontario Master Jolley dismissed the plaintiff's motion to add as a party defendant a winter maintenance contract... Read More
Wednesday, Nov 22, 2017

Ont. Super. Ct. reverses Master's order and dismisses for delay a 3-year old action for deficiencies in a construction project that was completed in 2004

Author Michael S. Teitelbaum

In York Region Condo Corp. #1039 v. Corp. of Town of Richmond Hill, on appeal from Ontario Master Muir, who had declined to dismiss for delay under... Read More
Wednesday, Nov 22, 2017

Ont. Super. Ct., having made a punitive damage award in a fire coverage claim, fixes costs on a partial, and not a substantial, indemnity basis

Author Michael S. Teitelbaum

Further to the previous Blawg post, pasted below, in J.I.L.M. Enterprises & Investments Limited v. INTACT Insurance, in which breach of contrac... Read More
Tuesday, Nov 21, 2017

Among other items, Ont. C.A. upholds (a) dismissal of icy road maintenance claim against rural municipality, and (b) apportionment of fault between driver and owner of vehicle in the mva

Author Michael S. Teitelbaum

In House v. Baird, a 35-page decision in a mva action which included a claim against a municipality, (Wilmot Township) for failing to adequately ma... Read More
Tuesday, Nov 21, 2017

Ont. C.A. dismisses appeal in mva action finding no miscarriage of justice in respect of certain events at trial

Author Michael S. Teitelbaum

Further to the previous Blawg posts, pasted below, in Corbett v. Odorico, the Ontario Court of Appeal, in Reasons for Decision released on November... Read More
Monday, Nov 20, 2017

Hughes Amys' Jennifer Huneault quoted in two Canadian Underwriter posts on marijuana legalization and insurance issues

Author Michael S. Teitelbaum

Related Lawyers Jennifer Huneault and Jason Arcuri

Please find pasted below two Canadian Underwriter posts dealing with marijuana legalization in which our very own Jennifer Huneault has provided in... Read More
Thursday, Nov 16, 2017

Ont. C.A. finds offer of employment by new employer was consideration for termination clause in new employment agreement which was binding on the plaintiff employee

Author Michael S. Teitelbaum

In Krishnamoorthy v. Olympus Canada Inc., a wrongful dismissal action, the Ontario Court of Appeal, in a decision released on November 16th, 2017, ... Read More
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