November 29, 2019
This morning, at our muffin meeting, we discussed a Court of Appeal decision which provides guidance on the extent of a trial judge’s discretion regarding costs when a party beats an offer to settle. We also went over a decision involving a motion to strike certain portions of a claim in a matter involving an […]
November 28, 2019
In Hadzic et al v. Croxford, 2019 ONSC 6839, the Divisional Court considered an appeal by the plaintiff following a jury trial arising from a motor vehicle accident. Prior to trial, the defendant offered to settle for $150,000, net of the deductible, plus costs. The jury awarded $15,000 for general damages, $35,000 for future medications, […]
November 27, 2019
Brian Sunohara has written an article called “Subway’s ‘50% Chicken’ Lawsuit Against CBC Dismissed“. The article addresses a very interesting lawsuit by Subway, arising out of comments by the Canadian Broadcasting Corporation that Subway’s chicken could contain only about 50% chicken. Justice Morgan held that the lawsuit had to be dismissed as against the CBC […]
November 26, 2019
Last week, the Court of Appeal released an important decision for rental car companies and their insurers. Section 277(1.1) of the Insurance Act contains a priority scheme for accidents involving rented or leased vehicles. The provision states as follows: (1.1) Despite subsection (1), if an automobile is leased, the following rules apply to determine the […]
November 25, 2019
The Supreme Court of Canada recently denied leave to appeal in the case of Gendron v. Doug C. Thompson Ltd. (Thompson Fuels). This brings an end to a lawsuit that determined several important issues. Facts The case arose out of an oil leak. Approximately one week into trial, the plaintiff and an oil tank manufacturer […]
November 22, 2019
At our muffin meeting this morning, we discussed a controversial Court of Appeal decision addressing whether discoverability can apply to the limitation period in claims for statutory accident benefits. We also went over a Superior Court decision involving the doctrine of misnomer. Discoverability in SABS Claims Matthew Umbrio addressed the recent decision of the Court of […]
