Posts Categorized: motion
Personal Injury Lawsuits Always Seek Out Insurance Coverage > Use and Operation of a Motor Vehicle
On behalf of Bougadis, Chang LLP Barristers posted in coverage and duty to defend, motion, motor vehicle accident, personal injury on
Case Comment – Russo v. John Doe (2009 Ontario Court of Appeal) affirming Russo v. John Doe (2008 Ontario Superior Court)
Every personal injury lawsuit seeks out an insurance policy which covers the defendant(s) to the lawsuit. As a result, there have been many cases which seek clarification of whether their specific circumstance fits under the wording of a motor vehicle’s insurance policy, including whether the accident arose out of “use and operation” of a motor vehicle.
In this sad and widely reported situation on April 24, 2004, Ms.… Continue Reading
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
Default on Your Car Lease and…Go To Jail?
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, motion on
Case Comment – Mercedes-Benz Financial v. Kovacevic (2009 Ontario Superior Court)
finding of the defendant’s contempt on February 26, 2009 sentencing of defendant on March 3, 2009In civil matters (i.e. where someone sues you for a breach of a contract) you can, in special circumstances, be sent to jail for contempt. If you fail to obey a Court order, then this behaviour could eventually lead to jail time. See Rule 60.11(5) of Ontario’s Rules of Civil Procedure.
This case is an interesting read. … Continue Reading
The Key to a Strong Lawsuit? Evidence, evidence, evidence.
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, evidence, motion, production of documents on
Case Comment – Carleton v. Beaverton Hotel (2009 Ontario Superior Court)
In real estate, the key to success is often described as “location, location, location”. In personal injury lawsuits, having evidence to support your claims is fundamental in building your lawsuit.
So what happens if a plaintiff seeks damages for a large future income loss (i.e. alleging an inability to earn as much in the future because of the injuries suffered in the accident) but cannot provide evidence showing how and where he made his money before the accident? … Continue Reading
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