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Monday, Sep 17, 2018

Hughes Amys' Sabina Arulampalam's article in The Lawyer's Daily - Pretrial conference: Play by the Rules or pay the price

Author Michael S. Teitelbaum

Related Lawyer Sabina Arulampalam

Please find pasted below an excellent article by my colleague, Sabina Arulampalam, on pre-trial conferences and the Ontario Superior Court's recent... Read More
Thursday, Sep 20, 2018

Ont. C.A. allows appeal of negligence finding in motor vehicle case while dismissing appeal regarding municipal non-repair findings

Author Bevin Shores

Related Lawyers Jack F. Fitch and Ryan A. Khan

In Smith v. Safranyos, 2018 ONCA 760, the Court of Appeal heard two appeals, ultimately dismissing one and allowing the other. Hughes Amys' Ja... Read More
Saturday, Sep 15, 2018

Ont. Sup. Ct. dismisses motion to dismiss for delay in complex first party coverage action arising from two losses ten years apart

Papp Plastics & Distributing Ltd. v. Unity Insurance Brokers (Windsor) Ltd., 2018 ONSC 5009 was a motion for a status hearing pursuant to Rule ... Read More
Saturday, Sep 15, 2018

Ont. Super. Ct. orders production of certain employer records in action arising from motor vehicle accident

Del Pino v. Kolomeitz, 2018 ONSC 5337 was an undertakings and refusals motion in an action arising from a November 22, 2014 motor vehicle accident.... Read More
Saturday, Sep 15, 2018

Ont. Master permits leave to amend Statement of Claim to add new cause of action after expiry of presumptive limitation period, on the basis of discoverability, with leave to plead limitations defence

Mohawk Ford Sales (1996) Limited v. Jewiss, 2018 ONSC 5253 was a motion by the plaintiff for leave to amend its Statement of Claim to plead additio... Read More
Thursday, Sep 13, 2018

Ont. Sup. Ct., inter alia, rejects argument that Bitcoin holdings show value of company shares, such that these assets would eliminate the need to post security for costs

While the subject matter of this decision is not insurance-related, one finding from Andersson v. Kamran, 2018 ONSC 5191, a security for costs moti... Read More
Thursday, Sep 13, 2018

Ont. Sup. Ct. grants summary judgment awarding damage resulting from accident involving rental vehicle payable by renter

In Enterprise Rent-A-Car Canada Company v. Bryan, 2018 ONSC 5203, Justice M. D. McArthur granted the plaintiff’s summary judgment motion seek... Read More
Thursday, Sep 13, 2018

Ont. C.A. upholds summary dismissal of claim for psychological and emotional injuries arising from discovery of mold in a home on the basis that damages were too remote

Further to the previously Blawg-posted Superior Court decision in Capelet v. Brookfield Homes (Ontario) Limited (Blawg post below), the Ontario Cou... Read More
Saturday, Sep 08, 2018

Ont. Super. Ct. addresses limitations and discoverability in the context of alleged continuing breach of contract

In Nygård International Partnership v. Hudson’s Bay Company, 2018 ONSC 5143, a motion before Justice Perell, the plaintiff sought ... Read More
Saturday, Sep 08, 2018

Ont. Master permits amendment to Statement of Claim, commenting, inter alia, upon the tort of spoliation versus spoliation as a rule of evidence, and pleading evidence versus facts

In Plaitis v. Balls of Fun Inc., 2018 ONSC 5126, a motion returnable before Master MacAfee, the plaintiffs were ultimately permitted to amend ... Read More
Wednesday, Sep 05, 2018

Ont. C.A. reverses decision that property loss claim not limitation-barred, applying “appropriate means” element of the Limitations Act discoverability test

Further to the earlier Blawg post, pasted below, in Nasr Hospitality Services Inc. v Intact Insurance, the Ontario Court of Appeal, in Re... Read More
Tuesday, Sep 04, 2018

Ont. Super. Ct. finds limitation for claim against unidentified motorist carrier begins to run the day after indemnification claim is made

Author Michael S. Teitelbaum

In Rooplal v. Fodor, Ontario Superior Court Justice Chiappetta granted the plaintiff's motion to add TTC Insurance Company Limited (TTCICL) as a de... Read More
Friday, Aug 31, 2018

Ont. Super. Ct. finds plaintiff's future inability to work can be considered in determining a threshold injury, and finds serious and permanent injury because of effect on employment activities

Author Michael S. Teitelbaum

In O'Brien v. O'Brien, a mva action tried by a jury, Ontario Superior Court Justice McKelvey found the plaintiff, who sustained an ankle fracture i... Read More
Friday, Aug 31, 2018

Ont. C.A. releases six decisions interpreting and applying the Court of Justice Act's anti-SLAPP provisions

Author Michael S. Teitelbaum

On August 30th, 2018, the Ontario Court of Appeal released six decisions directed at clarifying the interpretation and application of the anti-SLAP... Read More
Wednesday, Aug 29, 2018

Ont. Super. Ct., finding limitation period has not expired, permits addition of vehicle owner's insurer as defendant so uninsured motorist claim can be asserted

Author Michael S. Teitelbaum

In Jones v. Doe, a mva action, Ontario Superior Court Justice Sutherland granted the plaintiff an order substituting Zachary M. Taylor for the defe... Read More
Wednesday, Aug 29, 2018

In municipal/occupiers' liability action, defendant city ordered to answer discovery refusals on, inter alia, post-accident changes and prior incidents

Author Michael S. Teitelbaum

In Sfyndilis v. City of Toronto, a municipal/occupiers' liability action, Ontario Master Jolley ordered the defendant City to answer six refused qu... Read More
Monday, Aug 27, 2018

Ont. Super. Ct. upholds SABS Arbitrator's finding that auto policy was terminated at insured owner's request to broker as agent for insurer and, therefore, MVACF responsible for payment of SABs

Author Michael S. Teitelbaum

In Echelon General Insurance Company v. Ontario (Minister of Finance), Ontario Superior Court Justice Perell dismissed the appeal by the Minister f... Read More
Monday, Aug 27, 2018

In fixing costs following settlement of auto tort claim, Ont. Super. Ct. awards the plaintiff a portion of her SABS arbitration costs

Author Michael S. Teitelbaum

In Prabaharan (Boniface) v. RBC General Insurance Company, Ontario Superior Court Justice Chiappetta was called upon to fix costs following the set... Read More
Friday, Aug 24, 2018

Ont. Super. Ct. dismisses uninsured carrier's motion for dismissal of mva action finding defendant driver did not have implied consent to use vehicle

Author Michael S. Teitelbaum

In Michaud-Shields v. Gough, a mva action involving a consent issue on the part of the owner and driver of the defendant pick-up truck resulting in... Read More
Monday, Aug 20, 2018

Ont. Super. Ct. dismisses plaintiff's motion in mva action seeking, inter alia, to exclude from the jury pool persons who drive and pay auto insurance premiums based on an alleged conflict of interest

Author Michael S. Teitelbaum

Further to the previous Blawg post, pasted below, in Kapoor v. Kuzmanovski, a mva action, Ontario Superior Court Justice Daley, in a 44-page decisi... Read More
Monday, Aug 13, 2018

Ont. Super. Ct. finds professional liability insurer owes defence obligation

Author Michael S. Teitelbaum

In Van Huizen v. Trisura Guarantee Insurance Company, Ontario Superior Court Justice Hurley found that the defendant insurer owed the plaintiff a d... Read More
Thursday, Aug 09, 2018

Ont. Super. Ct. finds occupier and prospective employer owed duty of care to plaintiff injured while demonstrating ability to handle physical aspects of job, but action dismissed because standard of care not breached

Author Michael S. Teitelbaum

In Armstrong v. Gallagher’s Garage Ltd., Ontario Superior Court Justice Mew found that the defendant, a prospective employer of the plaintiff... Read More
Wednesday, Aug 08, 2018

ONCA dismisses appeal of finding that Ministry of Health and Long-Term Care must disclose certain particulars of top OHIP billers

Authors Bevin Shores and Michael S. Teitelbaum

Many thanks to my partner, Bevin Shores, for the following case note on the Ont. C.A. decision finding that disclosure of the names and billings of... Read More
Wednesday, Aug 08, 2018

ONSC interprets insurance provision in Release arising from contract dispute involving construction project

Authors Bevin Shores and Michael S. Teitelbaum

Many thanks to my partner, Bevin Shores, for the following note about Ontario Superior Court Justice Wilton-Siegel's decision in Crosstown Transit ... Read More
Wednesday, Aug 08, 2018

Ont. Super. Ct. summarily dismisses unidentified motorist claim

Author Michael S. Teitelbaum

In Gardner v. Driver, a mva action alleging that the accident was caused by an unidentified motorist, Ontario Superior Court Justice Perell summari... Read More
Wednesday, Aug 08, 2018

Ont. Super. Ct. finds auto insurer waived policy breach regarding M2 licence and alcohol consumption and later denial was "much too late"

Author Michael S. Teitelbaum

In Bradfield v. Royal and Sun Alliance Insurance Company of Canada, Ontario Superior Court Justice Sosna held that the plaintiff was entitled to re... Read More
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