by Roger Chown | Jun 8, 2015 | Articles, Blogs, Cases
In Iannarella v. Corbett 2015 ONCA 110, released February 17, 2015, the Court of Appeal has bolstered the right of plaintiffs to obtain surveillance particulars, but in doing so it seems to have unnecessarily created a serious problem: it held that a party is obliged by a combination of rules 30.06 and 30.07(b) to provide an updated affidavit of documents listing any surveillance reports (and therefore presumably any privileged documents) created after the party’s affidavit of documents has been sworn. Lawyers may be kept busy preparing updated affidavits of documents.
by Marie Hynes | Aug 29, 2014 | Blogs, Cases
The Ontario Court of Appeal’s decision in Kozel v. The Personal Insurance Company, 2014 ONCA 130 has expanded the availability of relief from forfeiture under section 98 of the Courts of Justice Act. The court’s decision confirms that relief from forfeiture under this section is available for violations of statutory condition 4(1) of Ontario’s standard automobile insurance policy (OAP1), even where section 129 of the Insurance Act does not apply.
Kozel has altered the landscape for statutory condition 4(1) denials. The Court of Appeal held that driving with an expired licence is not non-compliance with a condition precedent in an insurance contract, but imperfect compliance. Kozel expands access to relief from forfeiture, concluding that only in rare cases will a finding of non-compliance be made. In most cases, the breach will be deemed imperfect compliance, and relief from forfeiture may be available.
by Mark Vernon | Aug 29, 2014 | Blogs, Cases
Can the driver’s licence of a person whose licence has been suspended due to an unpaid judgment remain suspended if the driver claims bankruptcy? Two upcoming cases in the Supreme Court of Canada will decide this issue.
by Mark Vernon | Nov 30, 2013 | Blogs, Cases
A fall 2013 decision of the Ontario Superior Court, Mayer v 1474479 Ontario Inc, [1] has confirmed that juries and judges do not always see plaintiffs in the same light.
by Roger Chown | Jan 6, 2012 | Blogs, Cases
In Zurich v. Ison T.H. Auto Sales, following a large loss event, the insurer paid out $1.1 million to its insured. The insured claimed that it had an additional uninsured loss of $700,000 and commenced an action against the alleged wrongdoer, including in its action both its claim for its uninsured loss and the insurer’s subrogated claim. A dispute arose between the insured and the insurer over who should have carriage and control of the action. The insurer brought an application for carriage of the action. The application was dismissed by the application judge.
by Jeff Beleskey | Jan 6, 2012 | Blogs, Cases
This recent decision of the Ontario Court of Appeal is likely to cause ripples of apprehension in municipalities across Ontario. In Guy v. Toronto (City), the Court of Appeal upheld both the Divisional Court and the Superior Court decisions finding the City of Toronto liable to Ms. Guy for damages she suffered as a result of a slip and fall on an icy road allowance.
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