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MT Insurance Law Blog
Juries Behaving Badly
August 22, 2018
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Jury duty is an – often dreaded – civic duty central to the justice system in Canada. A juror’s duty is to listen to the evidence and argument, and to deliver an independent, impartial decision based on the case presented...
Nemchin v. Green: The Deduction of Collateral Benefits at Trial
August 13, 2018
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The plaintiff was injured in a car accident in 2010. The trial in 2017 led to a jury verdict of $125,000 in general damages and $600,000 in future loss of income. The plaintiff did not seek an award of past...
Where a Plaintiff is Ordinarily Resident Outside of Ontario, Under What Circumstances will a Court Order Security for Costs?
August 7, 2018
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General Legal Principles Rule 56.01 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 provides that the Court, on motion by a defendant in a proceeding, may make an order for security for costs where it appears that the...
Artificial Intelligence Revolution and the Insurance Industry
July 31, 2018
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The information revolution has had an undeniable impact on society, as did the industrial revolution before it. Now artificial intelligence is poised to be the next revolution that will have an immense impact on our society from our personal lives...
“Scanty” Evidence Failed to Establish a Plaintiff’s Entitlement to Recover Interest on Loans Borrowed for the Purpose of Litigation
July 24, 2018
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In Isbister v. Delong, 2017 BCCA 340, the British Columbia Court of Appeal upheld a trial judge’s decision that the plaintiff was not entitled to recover, as special damages, interest on money she borrowed from her lawyers. Facts of the...
Clarifying the “Trilogy” and the Covenant to Insure: Royal Host GP Inc. v. 1842259 Ontario Ltd.
June 22, 2018
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Introduction In Royal Host GP Inc. v. 1842259 Ontario Ltd., 2018 ONCA 467, the Ontario Court of Appeal reversed the motion judge’s decision, clarified what is known as the “Trilogy” and allowed a landlord to advance a subrogated action against...
Impact of Social Media Evidence in Litigation
June 6, 2018
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It is undeniable that social media has transformed the way individuals interact with one another. In 2018, 64% of Canadians had a social media profile, 50% of whom were registered on more than one social media site.[1] Ontario has the...
No Enforceable Settlement: Civil Fraud at Pretrial Results in Costs Award of $100,000 Payable to the Defendant
May 31, 2018
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The underlying facts of Paulus v Fleury[1] are unremarkable. The parties were involved in a motor vehicle collision which occurred on November 10, 2008. The plaintiffs said that it was a straightforward rear-end collision for which the defendant was entirely...
Causation in Historical Sexual Abuse Cases
May 22, 2018
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The concept of causation is difficult to grasp at the best of times, as much ink has been spilled over the years since the decision of Athey v Leonati[1] in which the court applied the “material contribution” test. Eleven years...
Medical Marijuana Loses its Appeal – The Skinny on Skinner Part 1
May 16, 2018
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In earlier blogs, we have discussed the curious case of Wayne Skinner and his quest for medical marijuana funding under his union’s insurance plan. As you may recall, Mr. Skinner had been injured in an automobile accident in the course...
Disclaimer
This blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of this blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.
