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Monday, Nov 05, 2018

Hughes Amys' Alexander Wilkinson's Without Prejudice article on Liquor Liability

Author Michael S. Teitelbaum

Related Lawyer Alexander Baldanza Wilkinson

Please find attached the excellent article by my colleague, Alexander Wilkinson, on liquor liability, from the November 2018 issue of Without Preju... Read More
Thursday, Nov 08, 2018

Man. Q.B. finds CGL policy does not cover snowmobile accident

Author Michael S. Teitelbaum

In Triple C Enterprises Ltd. v. Wynward Insurance Group, the Manitoba Court of Queen's Bench dismissed the insured's application seeking a defence ... Read More
Thursday, Nov 08, 2018

Ont. C.A. clarifies role of “participant expert” witnesses in granting appeal and ordering new trial where Court satisfied that trial judge erred with respect to admission of “participant expert” evidence

Author Bevin Shores

In Imeson v. Maryvale (Maryvale Adolescent and Family Services), 2018 ONCA 888, the Court of Appeal granted the appellant’s appeal ... Read More
Thursday, Nov 08, 2018

Ont. C.A. allows appeal of summary dismissal of social host liability claims, finding the issue of duty of care is a genuine issue requiring a trial

Author Bevin Shores

In Williams v Richard, 2018 ONCA 889, an appeal of two related actions concerning a social host liability claim, the Court of Appeal allowed t... Read More
Monday, Nov 05, 2018

Alta. C.A. majority finds question of whether indemnification agreement obliges payment of defence costs must be decided at trial as evidentiary findings could affect the underlying litigation

Author Michael S. Teitelbaum

Further to the previous Blawg post, pasted below, in Kostic v CIBC Trust Corporation, the Alberta Court of Appeal by a 2-1 margin, allowed both the... Read More
Thursday, Nov 01, 2018

Ont. C.A. Upholds Dismissal of Court Application Challenging LAT’s Jurisdiction over SABS disputes, agreeing Applicant lacked standing

Author Bevin Shores

Related Lawyer Sabina Arulampalam

In the Blawg-posted case of Campisi v Ontario (Attorney General), a challenge to the amended section 280 of the Insurance Act granti... Read More
Thursday, Nov 01, 2018

Alta. Master dismisses claim by service provider against insurer that paid pollution liability claim to named insured which did not pay the provider who did the clean-up

Author Michael S. Teitelbaum

In SWAT Consulting Ltd v Canadian Western Bank, Alberta Master Prowse found that the plaintiff, which was not a party to an insurance contract, fai... Read More
Monday, Oct 15, 2018

Ont. Div. Ct. dismisses application for judicial review of LAT decision upholding limitation period

Author Bevin Shores

In Tomec v Economical Mutual Insurance Company, 2018 ONSC 5664, a three judge panel of the Divisional Court dismissed the appellant (claimant)... Read More
Monday, Oct 15, 2018

Ont. Div. Ct. dismisses judicial review application appealing LAT adjudicator’s finding that failure to elect a benefit precluded claimant from seeking entitlement to Non-Earner Benefits at the LAT

Author Bevin Shores

In Lefebvre v. Aviva Insurance Company of Canada, 2018 ONSC 5676, a three-judge panel of the Divisional Court dismissed the claimant’s a... Read More
Saturday, Oct 06, 2018

Hughes Amys' Bevin Shores presenting at Hamilton Law Association's 18th Annual Advocacy Conference

Author Michael S. Teitelbaum

Related Lawyer Bevin Shores

We're pleased to note that among the speakers at the Hamilton Law Association's 18th Annual Advocacy Conference on December 6th, 2018 is Hughes Amy... Read More
Thursday, Oct 04, 2018

Alta. Q.B. finds all perils policy does not cover damage resulting from faulty workmanship as such damage was not a "resultant peril"

Author Michael S. Teitelbaum

In Condominium Corporation No 9312374 v. Aviva Insurance Company of Canada, the Alberta Court of Queen's Bench, distinguishing the Supreme Court of... Read More
Tuesday, Oct 02, 2018

B.C.C.A., relying on the S.C.C.'s Saadati decision, increases general damage award to take into account psychological injury

Author Michael S. Teitelbaum

In Riley v. Ritsco, a motor vehicle accident action, the British Columbia Court of Appeal, relying on the Supreme Court of Canada's decision in Saa... Read More
Tuesday, Oct 02, 2018

N.S.S.C. finds insurer has defence obligation as notice of potential claims was properly given under terms of claims made and reported policy

Author Michael S. Teitelbaum

In Duncan v. Trisura Guarantee Insurance Company of Canada, the Nova Scotia Supreme Court, in a 55-page decision, held that the respondent insurer ... Read More
Tuesday, Oct 02, 2018

Ont. Div. Ct. upholds LAT Executive Chair’s decision finding that an accident benefits insurer who fails to comply with section 38(8) and 38(9) of the SABS…

Author Bevin Shores

…is precluded from taking the position that the insured person has an impairment to which the MIG applies, and is required to pay for the go... Read More
Tuesday, Oct 02, 2018

Ont. Sup. Ct. finds plaintiff in motor vehicle case has not proven a threshold impairment

Author Bevin Shores

Al-Radwan v. Wanless, 2018 ONSC 5464 was a threshold motion before Justice Ferguson following a jury trial in an action concerning the plaintiff&rs... Read More
Tuesday, Oct 02, 2018

Ont. Sup. Ct. finds plaintiff has proven threshold impairment and assesses damages in motor vehicle accident case

Author Bevin Shores

Sheldon v Reyna, 2018 ONSC 5611, is a decision of Justice Williams in which Her Honour ruled on the issue of whether the plaintiff had proven ... Read More
Tuesday, Oct 02, 2018

Ont. Sup. Ct. grants defendant’s threshold motion in chronic pain case

Author Bevin Shores

Wray v. Pereira, 2018 ONSC 5662 was a threshold motion brought by the defendant following a jury trial in which the plaintiff had alleged chronic p... Read More
Monday, Oct 01, 2018

Blawg post: Ont. Div. Ct. affirms decision of Licence Appeal Tribunal finding that “car surfing” meets the SABS definition of an “accident”

Author Bevin Shores

Charbonneau v. Intact Insurance Company, 2018 ONSC 5660, was an appeal from an Order made by Adjudicator Nicole Treksler of the Licence Appeal Trib... Read More
Thursday, Sep 27, 2018

Alta. C.A., by a 2-1 majority, varies apportionment of fault in a negligent construction claim, while also addressing, inter alia, double recovery in light of a proportionate share settlement agreement

Author Michael S. Teitelbaum

In a 76-page decision, by a 2-1 margin, the Alberta Court of Appeal in Canadian Natural Resources Limited v Wood Group Mustang (Canada) Inc. (IMV P... Read More
Monday, Sep 24, 2018

On choice of law issue, B.C.S.C. finds that B.C. law applies for the purpose of determining which insurers are obliged to defend and indemnify the subject auto tort claims

Author Michael S. Teitelbaum

Further to the previous Blawg post, pasted below, in Budget Rent A Car System, Inc. v Philadelphia Indemnity Insurance Company, the British Columbi... Read More
Monday, Sep 24, 2018

Ont. C.A. allows appeal of finding of liability against municipality for highway non-repair, finding trial judge misapplied the “reasonable driver” standard

Author Bevin Shores

Further to the Blawg-posted decision in Chiocchio v. Ellis, 2016 ONSC 7570, in which the defendant municipality was found 50% l... Read More
Monday, Sep 24, 2018

Ont. C. A. dismisses appeal from motion judge’s decision that LTD claim is limitation-barred

Author Bevin Shores

In brief reasons in Wiles v Sun Life Assurance Company of Canada and Spaenaur Inc. 2018 ONCA 766, the Court of Appeal upheld the decision... Read More
Monday, Sep 24, 2018

Ont. Sup. Ct. strikes Third Party Claim against lawyer who acted for purchaser in litigation arising from failed real estate transaction, finding lawyer not implicated in events giving rise to initial loss

Author Bevin Shores

In Tisi v Raby, 2018 ONSC 5284, Justice Broad granted a motion by Third Parties, a lawyer and his law firm, to strike the Third Party Claim ag... Read More
Monday, Sep 24, 2018

Ont. Sup. Ct. awards costs of action to date and of summary judgment motion when liability decided on summary judgment, with damages to be determined

Author Bevin Shores

Further to the previous Blawg-posted decision in Drummond v. The Cadillac Fairview Corp. Ltd., Justice Perell, in his costs decision reported ... Read More
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