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Wednesday, Jul 18, 2018

In multi-party litigation regarding a hydro vault fire where 2 of 3 parties settled, Ont. Super. Ct. finds non-settling party sued in contract can pursue contribution claim against settling party

Author Michael S. Teitelbaum

Toronto Hydro v. Gonte and City of Toronto is a 20-page decision by Ontario Superior Court Justice Copeland addressing, by way of a motion as a spe... Read More
Friday, Jul 20, 2018

Ont. C.A. sets aside dismissal of injury claim against foreign travel resort owners finding motion judge failed to address jurisdiction, and judge's reasons that foreign limitation period applied were inadequate

Author Michael S. Teitelbaum

In Di Gregorio v. Sunwing Vacations Inc., the Ontario Court of Appeal, in Reasons for Decision in four actions released on July 20th, 2018, allowed... Read More
Thursday, Jul 19, 2018

Ont. Super. Ct. finds builder's risk policy did not afford coverage because occurrence took place after policy expired

Author Michael S. Teitelbaum

In Maio v. Mer Mechanical Inc., Ontario Superior Court Justice Schreck dismissed the motion of the defendant, Mer, seeking a summary dismissal find... Read More
Tuesday, Jul 17, 2018

In mva action, Ont. Super. Ct. dismisses defendant's summary judgment motion on liability as credibility, including that of the independent witness, must be decided at a trial

Author Michael S. Teitelbaum

In Adatia v. Cassar, a mva action, Ontario Superior Court Justice Copeland dismissed the defendant's motion seeking a summary dismissal of this act... Read More
Thursday, Jul 12, 2018

B.C.S.C. finds property manager was a "residence employee" under owner's liability policy, and owner's insurer obliged to equally share defence and indemnity with insurance held by property manager up to owner's insurer's limits

Author Michael S. Teitelbaum

In Economical Mutual Insurance Company v. Optimum West Insurance Company Inc., the British Columbia Supreme Court held that the property owner's po... Read More
Wednesday, Jul 11, 2018

Ont. C.A. finds that insurer which made an overpayment under a property policy is entitled to judgment for repayment

Author Michael S. Teitelbaum

In Gore Mutual Insurance Company v. Carlin, a decision released on July 11th, 2018, the Ontario Court of Appeal held that an insured is not permitt... Read More
Wednesday, Jul 11, 2018

Ont. Div'l. Ct. dismisses application for judicial review of fire loss appraisal finding, inter alia, the requirements for procedural fairness were met

Author Michael S. Teitelbaum

In Madhani v. Wawanesa Mutual Insurance Company, a three-judge panel of the Ontario Divisional Court dismissed the insured's application for judici... Read More
Saturday, Jul 07, 2018

In mva action involving consent to drive, Ont. Super. Ct. dismisses underinsured carrier's motion to bifurcate jury trial, or strike jury notices and bifurcate, or order a mini-trial

Author Michael S. Teitelbaum

In Robichaud v. Constantinidis, a mva action, the uninsured/underinsured carrier, Coseco Insurance, sought to have the issue of the defendant owner... Read More
Friday, Jul 06, 2018

Ont. Super. Ct. dismisses defendant occupiers' SJ motion seeking to rely on Landlord & Tenant Board ruling as determinative of liability in civil action

Author Michael S. Teitelbaum

In Taglienti v. Liddar, an occupiers' liability action, Ontario Superior Court Justice Bloom dismissed the defendants' motion for a summary dismiss... Read More
Friday, Jul 06, 2018

Applying policy interpretation principles, B.C.S.C. finds parties who provided professional services described in the policy application were "insureds" under a project professional liability insurance policy

Author Michael S. Teitelbaum

In Surespan Structures Ltd. v. Lloyd’s Underwriters, a 25-page decision, the British Columbia Supreme Court declared that the petitioners, Su... Read More
Wednesday, Jul 04, 2018

Ont. C.A. upholds summary dismissal against sports organizations of action alleging negligence in respect of an assault by one player against an opposing player

Author Michael S. Teitelbaum

Further to the previous Blawg post, pasted below, in Da Silva v. Gomes, the Ontario Court of Appeal, in Reasons for Decision released on July 4th, ... Read More
Wednesday, Jul 04, 2018

Ont. Div'l. Ct. upholds dismissal of plaintiff's two actions against the TTC and the City of Toronto

Author Michael S. Teitelbaum

Further to the previous Blawg posts, pasted below, in Zaravellas v. City of Toronto, the Ontario Divisional Court addressed the "thin skull" princi... Read More
Tuesday, Jul 03, 2018

Ont. Super. Ct. finds, inter alia, taxi cab driver owes no duty of care to intoxicated adult passengers to ensure they wear a seat belt

Author Michael S. Teitelbaum

In Stewart v. The Corporation of the Township of Douro-Dummer, a motor vehicle accident action, the sole issue before Ontario Superior Court Justic... Read More
Tuesday, Jul 03, 2018

Ont. Super. Ct. assesses damages, including finding injuries met threshold, and FLA damages, in mva action also involving the fatality of a child

Author Michael S. Teitelbaum

In Rodrigues v. Purtill, a 35-page decision, Ontario Superior Court Justice Hockin assessed the plaintiffs' damages in this mva action involving a ... Read More
Thursday, Jun 28, 2018

Ont. C.A. upholds setting aside of substitution of parties because no misnomer as not clear litigation finger pointing at substituted parties

Further to the previous Blawg post, pasted below, in Bertolli v. Toronto (City), the Ontario Court of Appeal, in Reasons for Decision released on J... Read More
Wednesday, Jun 27, 2018

Ont. Super. Ct. orders production of plaintiff's discovery transcripts for previous mva actions

Author Michael S. Teitelbaum

In Cormack-Terrelonge v. Fahmy Estate, a January 2014 mva action, Ontario Superior Court Justice Sosna ordered the plaintiff to produce the discove... Read More
Monday, Jun 25, 2018

Ont. Super. Ct. orders payment of mva judgment under s. 258(1) of Insurance Act by defendants' insurer as one of the defendants did not fail to co-operate in the defence of the action

Author Michael S. Teitelbaum

In Ruddell v. Gore, Ontario Superior Court Justice Nakatsuru granted summary judgment to the plaintiffs under s. 258(1) of the Insurance Act requir... Read More
Saturday, Jun 23, 2018

Ont. Super. Ct. refuses to oppose confirmation of Referee's Report valuing the loss under a boiler policy

Author Michael S. Teitelbaum

In Healthcare Insurance Reciprocal of Canada v. Royal and Sun Alliance Insurance Company of Canada, RSA admitted there was coverage for a loss unde... Read More
Friday, Jun 22, 2018

Ont. C.A. reverses motion judge on contract interpretation and finds employment agreement's termination clause enforceable, and dismisses wrongful dismissal action

Author Michael S. Teitelbaum

In Amberber v. IBM Canada Ltd., a wrongful dismissal action, the Ontario Court of Appeal, in a 25-page decision released on June 22nd, 2018, set as... Read More
Friday, Jun 22, 2018

Ont. Div'l. Ct. sets aside LAT CAT decision due to the failure to comply with the rules for consultation set out in the case law

Author Michael S. Teitelbaum

In Shuttleworth v. Licence Appeal Tribunal, a three-judge panel of the Ontario Divisional Court set aside the LAT adjudicator’s decision whic... Read More
Thursday, Jun 21, 2018

Ont. C.A. upholds finding that MVACF can sue insurer which should have provided coverage as its policy was not properly terminated in unjust enrichment

Author Michael S. Teitelbaum

In Ontario (Finance) v. Traders General Insurance (Aviva Traders), a 24-page decision released on June 21st, 2018, the Ontario Court of Appeal agre... Read More
Thursday, Jun 21, 2018

Ont. Super. Ct. refuses to order production of communications between counsel and experts exchanged in the course of preparation of the experts' affidavit evidence

Author Michael S. Teitelbaum

In Simons v. Canada (Attorney General), Ontario Superior Court Justice Perell, in a 23-page decision, addresses the law of privilege and the law of... Read More
Wednesday, Jun 20, 2018

N.S.C.A. upholds dismissal of fire coverage claim on basis of arson while summarizing the test for the civil defence of arson

Author Michael S. Teitelbaum

Further to the previous Blawg post, pasted below, in Bidart Estate v. Portage La Prairie Mutual Insurance Company, the Nova Scotia Court of Appeal,... Read More
Monday, Jun 18, 2018

In uninsured motorist claim, Ont. Master orders production of defendant owner's insurer's and broker's files to see if driver who is said to have had no consent was listed as a driver

Author Michael S. Teitelbaum

In Robichaud v. McAulay, a mva action which includes an uninsured/underinsured claim, on a motion by the uninsured carrier, Ontario Master McAfee o... Read More
Saturday, Jun 16, 2018

Ont. Div'l. Ct. upholds LAT Adjudicator's decision that attendant care benefits claim limitation-barred because if there was an extricable question of law, the decision fell within the range of available outcomes

Author Michael S. Teitelbaum

In Oliver v. Brant Mutual Insurance Company, a three-judge panel of the Ontario Divisional Court dismissed the insured's appeal from the LAT Adjudi... Read More
Thursday, Jun 14, 2018

Ont. C.A. reverses application judge, and holds that because Certificate of Automobile Insurance referred to OPCF 5 Form, lessor is entitled to liability coverage

Related Lawyer Michael S. Teitelbaum

Further to the previous Blawg post, pasted below, the Ontario Court of Appeal in Coast Capital Equipment Finance Ltd. v. Old Republic Insurance Com... Read More
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