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Case update
  • Borden Ladner Gervais LLP
  • Canada
  • November 1 2012

On October 29, 2012, the Ontario Court of Appeal upheld the decision of Herman J. in Martin et al v. Fleming et al, in which she determined that no ambiguity exists in s. 267.5(7) of the Insurance Act, which deals with the application of statutory deductibles


Tort assignments of accident benefits impermissible: D’Ettorre v. Coachman Insurance Co.
  • Borden Ladner Gervais LLP
  • Canada
  • July 11 2013

Tort insurers who have or may wish to take an assignment of a plaintiff's accident benefit claim as part of a settlement of the tort claim should be


Radiohead or the long arm of Quebec's no-fault auto insurance
  • Borden Ladner Gervais LLP
  • Canada
  • September 9 2009

On the basis of what the court itself described as exceptional and even disconcerting circumstances, a suit filed by a certain Guy Bouchard against a Toyota dealership and Toyota Canada Inc. was recently dismissed on a summary motion


Exclusion of liability clauses
  • Borden Ladner Gervais LLP
  • Canada
  • September 9 2009

In Cejvan v. Blue Mountain Resorts (2008), the Ontario Superior Court of Justice considered the enforceability of unsigned exclusions of liability


Multiple tortfeasors: the Ontario Court of Appeal weighs in
  • Borden Ladner Gervais LLP
  • Canada
  • September 9 2009

In two recent decisions, the Ontario Court of Appeal considered questions of several liability, allocation of responsibility between tortfeasors and partial settlement agreements


Ontario no fault: the meaning of catastrophic impairment
  • Borden Ladner Gervais LLP
  • Canada
  • September 9 2009

In a recent decision, the Ontario Court of Appeal placed significant limitations on the statutory definition of a catastrophic impairment as outlined in Ontario Regulation 46196


After previous attempts failed, British Columbia is clearly now the latest health care cost recovery jurisdiction
  • Borden Ladner Gervais LLP
  • Canada
  • February 20 2009

The common law of damages in British Columbia is, generally speaking, that a plaintiff injured by the wrongful conduct of a negligent party can only recover for his or her actual loss


Canadian National Railway Co. v. Royal and Sun Alliance Insurance Co. of Canada
  • Borden Ladner Gervais LLP
  • Canada
  • January 30 2009

On November 21, 2008, the Supreme Court of Canada found in favour of Canadian National Railway Company (CNR), allowing CNR’s appeal, and set aside the judgment of the Ontario Court of Appeal, restoring the trial judgment in CNR’s favour, including interest and costs, of approximately $40 million


Defence costs allocation
  • Borden Ladner Gervais LLP
  • Canada
  • April 28 2009

The October 8, 2008 Ontario Court of Appeal decision in Hanis v. Teevan definitively sets out and clarifies the principles that now apply in Ontario to the issue of defence costs allocation for covered and uncovered claims


Municipal liability alert
  • Borden Ladner Gervais LLP
  • Canada
  • April 28 2009

The Ontario Superior Court of Justice recently released its decision in Cartner v. Burlington (City) (August, 2008), an interesting case about a slip and fall on a sidewalk that took place in the unusual absence of ice