Appellant insured’s criminal conviction for intentionally setting fire on his property establishes a successful prima facie case by insurer at trial and shifts the burden to the insured to show a genuine issue for trial. Ecclesiastical Insurance Office plc v. Michaud, [2008] M.B.J. No. 387, Manitoba Court of Appeal, M.A. Monnin, R.J.F. Chartier and A.D. MacInnes JJ.A., ...
The Court concluded that Manitoba Health did not owe the plaintiff contractual or fiduciary duty of care under the province’s health legislation; however, it owed the plaintiff a private law duty of care in compliance with statutory obligations and established policies and guidelines. Lewycky v. Government of Manitoba, 2008 M.J. No. 390, Manitoba Court of Queen’s ...
Canadian National Railway Co. v. Royal and Sun Alliance Insurance Co. of Canada, [2008] S.J.C. No. 67, Supreme Court of Canada, McLachlin C.J., and Binnie, LeBel, Deschamps, Abella, Charron and Rothstein JJ, November 21, 2008 I know this is out of date, but this is a nice summary of 10 interesting Canadian insurance coverage decisions ...
An insured is entitled to coverage under an all-risk policy against the possibility that a product design might fail even though not improper or faulty according to the state of the art. Canadian National Railway Co. v. Royal and Sun Alliance Insurance Co. of Canada, [2008] S.J.C. No. 67, Supreme Court of Canada, McLachlin C.J., ...
The Defendant insurer brought a motion to dismiss an action concerning a cancellation clause written into an agreement via Summary Judgment. There was ambiguity, and the issue dealt with conflicting evidence and therefore ought to go to trial. Ajax (Town) v. St. Paul Fire and Marine Insurance Co., [2008] O.J. No. 3660 Ontario Superior Court ...
This dispute between insurers under Ontario’s Regulation 283/95 queries whether an arbitrator can decide if, at first instance, the one year limitation period under the Regulations applies. The Judge found the arbitrator can decide questions of law and jurisdiction. ING Insurance Co. of Canada v. Insurance Corp. of British Columbia, [2008] O.J. No. 3759, Ontario ...
Under a Graduated Driver’s Licencing scheme in Ontario, a novice driver must have zero blood alcohol concentration while driving, or third party limits are reduced from $1,000.000.00 to the minimum statutory limits of $200,000.00. The deceased, Ms. Logel, was not authorized to drive at the time of the accident as a result of her consumption ...
A Plaintiff was successful in a professional negligence claim against a lawyer. The lawyer was insolvent. The Plaintiff attempted to obtain costs from the insurer who funded the defendant’s litigation. The Plaintiff was unsuccessful at supreme court, and on appeal. Perez v. Galambos (c.o.b. Galambos & Co.)., [2008] B.C.J. No. 1845, British Columbia Court of ...
Eighty to 92 percent of all cases settle before trial. A recent study by Kiser, “… An Empirical Study of Decision Making in Unsuccessful Settlement Negotiations”, Journal of Empirical Legal Studies, Volume 5, Issue 3, 551‑591, September 2008, compares settlement offers to trial results in 2,054 cases that went to trial from 2002 to 2005 in the United States. The study ...
