Last blog added on Monday, May 14th, 2012

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C.A. Says Bad Faith Action Against Auto Insurer Not Subject to Limitation Period in Policy
April 8th, 2012

The Court of Appeal’s decision in Dundas v. Zurich Canada, 2012 ONCA 181, is interesting for a couple of reasons: liability of an insurer for failing to pay its policy limits into an interest-bearing account and the limitation period that … Continue reading →... Read more »

Recent “additional insured” decisions continue confusing Ontario jurisprudence
April 8th, 2012

In various contractual settings, one party assumes an obligation to have the other included in the former’s insurance policy as an “additional insured”. This has been a fertile source of work for lawyers practising in the insurance field because the … Continue reading →... Read more »

Master Pope Refuses To Add Insurer in OPCF-44R Claim
March 27th, 2012

Vogler v. Lemieux, 2012 ONSC 1692 is an interesting case and, to me, a bit puzzling. I am hoping that one of the readers of this blog can clear things up for me. The plaintiff was injured in a single … Continue reading →... Read more »

Rule 53.03 Applies Only To “Litigation Experts”
March 21st, 2012

In Continental v. J.J.’s Hospitality, 2012 ONSC 1751 (CanLII), Mr. Justice Edward J. Koke has provided the latest judicial interpretation of Rule 53.03, which deals with the evidence of expert witnesses. He held that that rule only applies to “litigation experts”, … Continue rea... Read more »

Clarification of Jurisdiction of Masters On Motions for Summary Judgment in Wake of C.A.’s Decision in Combined Air
March 20th, 2012

I”ve just come from a motion before Master Calum MacLeod, where he provided to me and to opposing counsel a copy of his reasons in 90 George St. v. Reliance Construction, 2012 ONSC 1171 (CanLII). Upon returning to my office however, … Continue reading →... Read more »

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