Posts Categorized: court civil procedure
Drunk Driving Can Mean No Insurance Coverage > But Your Insurance Company Must Deny You in a Timely Fashion
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, coverage and duty to defend, insurance law, motion, motor vehicle accident on
Case Comment – Logel Estate v. Wawanesa Mutual Insurance Company (2009 Ontario Court of Appeal) upholding Buck v. Wawanesa Mutual Insurance Company (2008 Ontario Superior Court)
Being in a car accident, while driving under the influence of alcohol, can lead to a denial of your insurance policy coverage. The other party may still sue you and have access to the statutory minimum of $200,000 in coverage, but you (as the drunk driver) may not have any protection from your insurance policy.… Continue Reading
After Settling Your Lawsuit, A Cooling Off Period?
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, motion, motorcycle accident on
Case Comment – Morgan v. Saquing (2009 Ontario Superior Court)
Following up on our recent blog entry on another settlement situation, this case provides an illustration of an apparent settlement of a lawsuit which went awry. This was a motion to enforce the settlement, pursuant to Rule 49.09 of Ontario Rules of Civil Procedure.
The plaintiff appeared to settle his 2002 car accident, and also his LTD (long-term disability) lawsuit, at mediation. The LTD aspect was settled for $35,000 and the car accident appeared to settle for $55,000. … Continue Reading
After Settling Your Claim, Can You Still Sue?
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, evidence, motion, motor vehicle accident, summary judgment on
Case Comment – Wasyliuk v. Osipau (2009 Ontario Superior Court)
The plaintiff was rear-ended in a car accident and received some Accident Benefits afterwards. His was not an active claim and approximately 20 months after the accident (before he retained a lawyer) he met with the opposing side’s tort insurance adjuster, signed a Full and Final Release settling his claim and accepted $4,657.92 as settlement of his claim.
By settling, the plaintiff presumably was giving up his right to sue for damages, before actually starting a lawsuit, in exchange for an early settlement.… Continue Reading
Your Child Receives a Death Threat from a Classmate > Parents May Consider Responding with a “Defensive Lawsuit”
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure on
The murder case of 14 year old Stefanie Rengel, the daughter of Toronto police officers, will soon draw to a close. The sentencing of the teenaged murderers, a boy and a girl, is expected to take place in the next few weeks.
Excellent reporting appears within the Globe and Mail and the Toronto Star of this case, which has been reported on extensively.
A senseless death, the immature killers were stuck in a jealously-filled boyfriend/girlfriend relationship. Stefanie was unwittingly used as a pawn by the murderers to prove their love to each other: if you love me, then kill Stefanie.… Continue Reading
The Right to a Jury Trial – Principles Reviewed
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure on
Case Comment – Walsh v. Kapusin (2009 Ontario Superior Court)
The right to a jury trial is reviewed here, pursuant to both s.108 of the Ontario Courts of Justice Act and also Rule 47.02 of the OntarioRules of Civil Procedure.
As is well established, a trial by jury is a substantial right available to litigants. Jury notices are only struck out for specific reasons, included those factors listed in s.108(2) of the Ontario Courts of Justice Act.
Here, the plaintiff sought to strike the jury notice filed by the defendant, based on incorrect statements of law by defendant’s counsel in the opening (in addition to being argumentative); and improper cross-examination of the plaintiff and plaintiff’s expert.… Continue Reading
Please Give Me Your Expert’s File – 162 Emails Included
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, experts, production of documents on
Case Comment – Alfano v. Piersanti (2009 Ontario Superior Court)
Prior to Trial, the defendant’s accounting expert file was provided. The plaintiff sought further production of the expert’s file, however, on the eve of Trial.
In an earlier ruling, the accounting expert’s time dockets were ordered to be produced not to calculate his fees charged on the file, but to reveal his narrative within those dockets for the purposes of a fuller disclosure of that expert’s file.
Within the time dockets kept by the defendant’s expert, there were 162 docket entries referring to emails exchanged by that expert with the defendant company. … Continue Reading
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