Knowledge Centre

Est. Faye Carter v. Flemming et al., 2015 PECA 9 Carter was admitted to the defendant Hospital and passed away while a patient there.  The Estate of Carter and her dependants brought an action against several doctors and the Hospital … Read more »

Doyle v Roberts & PEI Mutual, 2015 PESC 2 Doyle was injured while working on a fishing vessel owned and operated by Roberts.  The matter proceeded to trial, where Doyle testified as a witness.  Before beginning his cross-examination of Doyle, … Read more »

Many insurers across Canada provide the SEF 44 family protection endorsement with their automobile insurance products. When collisions occur, the extent of an insured’s claim may not become clear until time has passed allowing the insured to recover from physical … Read more »

The Queen’s Bench Rules set out a tariff with respect to the “costs” an unsuccessful party has to pay to the successful party at the end of a lawsuit or court action. An award of costs is meant to reimburse … Read more »

In its recent decision Carioca’s Import & Export Inc. v. Canadian Pacific Railway, the Ontario Court of Appeal has sent a clear message that the passage of time – albeit egregious – is not sufficient to dismiss an action for … Read more »

Naipaul v. State Farm Mutual Insurance Co. In this case, the Ontario Superior Court was tasked with looking at the issue of limitation periods and discoverability. On May 21, 2010, occupants of the plaintiff vehicle, Roodal and Babuni Naipaul, were … Read more »

Milanovic v Le et al., 125 OR (3d) 758 This is a motion for costs brought by the Defendant pursuant to section 131(1) of the Courts of Justice Act 1990. The Defendant made an offer to settle on July 5, … Read more »

Effective August 1, 2015, the Insurance Act and Ontario Regulation 461/96 (Court Proceedings for Automobile Accidents that Occur On or After November 1, 1996) were amended to reflect the effects of inflation in the following ways: Read More

Chambre de la sécurité financière v. Qi Hong Zhang, CD00-0937 In March 2008, the respondent, Zhang, advised her clients to subscribe for a segregated fund purchased with a $100,000 leveraged loan. The respondent is accused of neglecting to make an … Read more »

Gratton v. Québec (Attorney-General), 2015 QCCQ 7285 It is not possible to amend an action brought before the Small Claims Division of the Court of Quebec prior to January 1, 2015 in order to take advantage of the Division’s greater … Read more »