Surveillance particulars must be served even if not relying on it at trial
A recent decision has held that a defendant who obtains surveillance must serve particulars of it, even if not relying on it at trial. In Ar...
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Is the Insurer Always Justified in Denying Coverage On the Basis of a Breach of a Statutory Clause?
Every automobile insurance policy issued in Ontario contains statutory clause 4.1: The insured shall not drive or operat...
Can a Plaintiff Avoid Discovery Due to Medical Reasons?
Can a plaintiff avoid attending discovery or an independent medical examination due to anxiety or an inability to respond to questions appro...
Restoring an Action to the Trial List
The Court of Appeal has provided guidance with respect to the test for restoring an action to the trial list. In Nissar v. Toronto Transit C...
Douglas M. Fey
Fey Insurance Services morns the loss of Douglas M Fey who served those in our agency as an owner, brother and uncle. We will greatly miss...
Dismissal for Delay at Status Hearings
The Court of Appeal has answered a question that arises fairly frequently in civil litigation: under what circumstances should an action be ...
Timing of Summary Judgment Motions
At what point in a lawsuit is it appropriate to bring a summary judgment motion? In Stever v. Rainbow International Carpet Dyeing & Clea...
Discount Rate
The new discount rates have been posted on the Attorney General's website. They can be found at: http://www.attorneygeneral.jus.gov.on....
Bifurcation
Rule 6.1.01 became effective on January 1, 2010. It provides as follows: With the consent of the parties, the court may order a separate ...
Production of SIU Documents
When seeking production of documents from a non-party, it is important to remember that it is not sufficient to only show relevance; it must...
The Onus at Status Hearings
The decision of Master Hawkins in 1745361 Ontario Ltd. v. St. Paul's Investments , 2013 ONSC 4642 (S.C.J.) reminds us that the onus at a...
Excess Insurance
Excess insurers may be interested in the recently reported decision of ACE INA Insurance v. Associated Electric & Gas Insurance Services...
Expert Evidence at Trial
The Divisional Court has released an important decision with respect to expert evidence. In Westerhof v. Gee (Estate) , 2013 ONSC 2093 (Div...
Failure to Submit Disability Certificate Disentitles Claimant to Accident Benefits
A recent arbitration decision confirmed the importance of a disability certificate in accident benefits cases. In Anthonipillai v. Security ...
Second Defence Medical Ordered
In Galea v. Firsker , [2013] ONSC 1666 (S.C.J.), there is an interesting twist to the usual motion to compel the plaintiff to attend a seco...
No Leave Required for Summary Judgment Motion After Set Down
Does a party that sets an action down require leave to bring a summary judgment motion? According to Justice Quinn in Fruitland Juices Inc. ...
Spoliation
For a recent summary of the doctrine of spoliation, see the decision in Stillwell v. World Kitchen , [2013] ONSC 3354 (S.C.J.). The plainti...
Settlement Privilege
The Supreme Court of Canada recently commented on Pierringer Agreements. The issue was whether the non-settling defendants had the right to...
Limitation Periods in Claims for Contribution and Indemnity
The Court of Appeal recently commented on limitation periods in claims for contribution and indemnify, clarifying that s. 18 of the Limitati...
Employment Practices Liability
A popular insurance text starts with, “The growth of federal and state legislation dealing with employment discrimination and sexual haras...
Threshold Motion Successful
The defendants in a recent jury trial succeeded on a threshold motion. In Ryckman v. Pottinger , 2013 ONSC 2857 (S.C.J.), the plaintiff had...
Leave Required for Refusals Motion After Set Down
Does a party need leave to continue a refusals motion after it has set the action down? In Jetport v. Jones Brown , 2013 ONSC 2740 (S.C.J.),...
Further Defence Medical Ordered After New Evidence Produced
In Low v. Clarke , [2013] OJ. No. 1703 (S.C.J.), the defendant brought a motion seeking to compel the plaintiff to attend a further defence ...
Are Judges Allowed to Plagarize?
The Supreme Court recently commented on how much copying judges are permitted to do in the course of their reasons. In Cojocaru v. British C...
Litigation Privilege Protects Adjuster's File
When does litigation privilege arise in tort claims? Panetta v. Retrocom , 2013 ONSC 2386 (S.C.J.) In this slip and fall action, there was a...
Limitation Periods in Duty to Defend or Indemnify Cases
When does the limitation period begin to run in duty to defend or duty to indemnify cases? In Georgian Downs Ltd. v. State Farm Fire and Cas...
ACV vs Stated Amount vs Agreed Values for Vehicles
Every time you get into your car and start the engine it is very likely that pennies fall off. Well, not actual pennies but the value of the...
Insurer Obligated to Continue Paying Defence Costs
Jevco v. Malaviya,2013 ONSC 675 (S.C.J.). Malaviya was insured under a Standard Automobile Policy (SAP) with Jevco for the minimum liabili...
Car Insurance - Inflated Quotes Costs Consumers Millions Yearly
Many insurance quote can be found on the internet, but still many consumers are still paying dramatically more for their car insurance than ...
Auto Loan - How To Save Time And Money Online?
You have finally decided on the type of car you want. Now it's time to find a great car loan. One of the most important aspects of buyin...
Auto Insurance FAQs
Many people are now more interested in car insurance online, therefore internet is one thing that is now used by many insurance companies to...
Guide to finding the best auto insurance
It is the insurance quote that talks about how to get the best auto insurance, who will treat you fairly, because many insurance agencies th...
Car Insurance When Renting a Vehicle
When you rent a vehicle you will be surprised with the amount of taxes and fees that you will pay on top of rent. When you check out, you wi...
Auto Insurance Quotes Online
Actually, vehicle insurance also known as auto insurance, car insurance, or motor insurance is insurance purchased for cars, trucks and ot...
Ways To Find Car Insurance For A New Driver
Car insurance company concluded that the total amount you will pay your premiums as a result of trying to determine the level of risk that ...
Cheap Car Insurance
The reason behind this is the increasing number of accidents in these countries. The U.S. is one of the most densely populated city that mak...
Buy Long Term Insurance
Instance if the purchase of the day taking care of constituents shelter is evenhandedly easy and pretty cut and dry. Times have changed for ...
One Can Get Car Insurance Online Very Quickly
Also one should not go just by price as buying a cheap car insurance policy costs can be very expensive in the long run . We als...
How to Get Reduce Your Van Insurance Premium
Are you looking for insurance quotes how to choose your Van with low premiums? This is one of the important things you need to consider befo...