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Don’t adjourn this fall’s large trials: it could cost you several hundred thousand dollars

Blaney McMurtry LLP
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Canada
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October 22 2010

You have been waiting six years for a case involving a catastrophically injured 50 year old man to go to trial

Absence of malice: Charter damages redefined

Blaney McMurtry LLP
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Canada
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November 1 2010

The Supreme Court of Canada has radically transformed the basis upon which monetary damages will be awarded for the breach of a Charter right

The taping of defence medical examinations

Blaney McMurtry LLP
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Canada
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November 1 2010

The principles governing the video or audio taping of defence medical examinations have remained fairly consistent since the Ontario Court of Appeal’s decision in Bellamy v. Johnson (1992), 8 O.R. (3d) 591

Supreme Court clarifies when insurance must respond to defend construction deficiency claims

Blaney McMurtry LLP
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Canada
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December 22 2010

In Progressive Homes Ltd. v. Lombard General Insurance Co., 2010, S.C.C. 33, the Supreme Court of Canada recently ruled on an insurer’s duty to defend a general contractor in the context of a construction deficiency claim

The Limitations Act and auto claims

Blaney McMurtry LLP
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Canada
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April 7 2011

Everding v. Skrijel marks the first word from the Ontario Court of Appeal on how the Limitations Act, 2002 applies to the statutory criteria for recovery in an auto claim under the Insurance Act

Licence plate searches in motor vehicle claims

Blaney McMurtry LLP
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Canada
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April 11 2011

A licence plate search is a rudimentary step in any action arising out of a motor vehicle accident and the failure to conduct one can result in adverse consequences for both plaintiffs and defendants

Miracle - is it what insurers have been waiting for?

Blaney McMurtry LLP
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Canada
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September 30 2011

On April 26, 2011, the Ontario Court of Appeal released its decision in ING Insurance Co of Canada v Miracle (c.o.b

In a class action, can the insurer choose to opt out? Or does that decision belong to the insured?

Blaney McMurtry LLP
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Canada
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November 21 2011

In the just released decision of the Ontario Court of Appeal in Zurich Insurance Co. v. Ison T.H. Auto Sales Inc., the Court reaffirmed the long established principle that the Insured is in control of the litigation until he or she has been fully indemnified for both the insured and uninsured losses

The innocent insured: intent vs. negligence

Blaney McMurtry LLP
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Canada
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May 24 2012

On April 27, 2012, the Ontario Court of Appeal released its decision in Durham District School Board v. Grodesky, on review from the Ontario Superior Court

Recent developments in Canadian insurance coverage litigation: consideration of selected issues

Blaney McMurtry LLP
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Canada
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November 29 2012

Past opening remarks at Canadian insurance coverage conferences by the authors have often reflected a perceived dearth of coverage law in Canada relative to that south of the border

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