Volume 21, No. 2 - March/Mars 2011

In this Issue:

• Discoverability Rule Can be Invoked When Identity of Tortfeasor Unknown
• IRBs Deductible From Tort Damages Even if Caregiver Benefits Elected
• Disclosure of Litigation Agreements Must be “Immediate”
• Nothin’ plus Nothin’ means Somethin’: Waterloo Region District School Board v. Truax Engineering Ltd.
• Message From The Chair

Volume 21, No. 1 - December/Decembre 2010

In this Issue:

• Message From the Chair
• Failure to Mediate Attracts Cost Consequences
• The Supreme Court of Canada’s Revitalization of the “Complex Structure”
• Inflammatory Closing Address Results in Mistrial: Court of Appeal Agrees with Remedy
• Plaintiffs Cannot Bargain Away Their Insurers’ Rights

Volume 20, No. 3 - May/Mai 2010

In this Issue:

• Message From the Chair
• Effect of New Rules of Civil Procedure Retroactive
• New Rules Prohibit Defendants from Using AB Experts to Provide Opinion in Tort Case
• Does an STD Resulting in Paralysis Constitute an ‘Accident’?

Volume 20, No. 2 - January/Janvier 2010

In this Issue:

• Message From the Chair
• Rules Change Highlights
• ADR Strategies in the Era of Proportionality
• Does the Province of Ontario Owe a Duty of Care When Transporting Accident Victims?
• A Barrister’s Tale: The Life and Times of Paul Albert Lee, Q.C.
• Upcoming Programs - Mark Your Calendar!

Volume 20, No. 1 - October/Octiobre 2009

In this Issue:

• Message From the Chair
• “Use and Operation of a Motor Vehicle” does not include Drive-By Shootings
• Assessing Housekeeping Damages
• The Pitfalls of Mary Carter-Type Agreements
• Ontario Court of Appeal Weighs in on Effect of Prior Conviction in Subsequent Civil Proceedings
• Upcoming Program: The Do's and Don'ts of Mediating Insurance Claims
• CBA Conference: Hot Topics in Civil Litigation and Insurance Law

 

Volume 19, No. 5 - July/Juillet 2009

In this Issue:

• Beware the Risks of Reducing Labour Costs: A Review of the Financial Services Commission Report on Automobile Insurance (The Five Year Review)
• Sherman: Threshold is "Tighter" under Bill 198
• Recent Bill 198 Cases of Interest
• Section Program: Liquor License Act - Who Should be Charged and its Repercussions on Tavern Liability Cases?
• Message from the Chair

Volume 19, No. 4 - April/Avril 2009

In this Issue:

• Income Replacement Benefits - How to Calculate Benefits Payable to the Self-Employed
• Top AB Cases of 2008 and How They May Affect Your Practice - Part 2
• Psychological Disability Claims
• Lawyers Giving Back
• Press Release: Steven Stieber to receive Award for Excellence in Insurance Law

Volume 19, No. 3 - February/Février 2009

In this Issue:

• Court Revisits Whether Two Limitation Periods for Motor Vehicle Actions
• No Costs for Anyone When the Court of Appeal is Wrong
• Property Owner Owes Duty of Care re Adjacent to Property
• Supreme Court Allows CNR's Appeal against Insurers under Builder's All Risk Policy in Tunnel Boring Machine Case
• Message from the Chair
• Tort Settlement

Volume 19, No. 2 - October/Octobre 2008

In this Issue:

• Top AB Cases of 2008 and How They May Affect Your Practice
• Covering Uncovered Claims: The Language of the Policy Still Rules
• Building a Better Case, Being Better Prepared
• Message from the Chair

Volume 19, No. 1 - September/Septembre 2008

In this Issue:

• Increased Risk of More CAT Claims after Justice Mackinnon follows Desbiens
• Message from the Chair
• Punitive Damages: An Update and Considerations as to Their Insurability
• Ontario Court of Appeal Finds Coverage for Losses Arising from Power Interruption
• Upcoming Programs
• Section Executive 2008-2009

Volume 18, No. 4 - June/Juin 2008

In this Issue:

• John F. Evans, Q.C. and Geoffrey Adair, Q.C. Honoured at Third Annual Award for Excellence in Insurance Law Dinner
• Greetings from the Chair
• Leased Vehicles and Vicarious Liability
• First Bill 198 Decision Endorses Status Quo
• Automobile Insurance Revisted: What's Next
• Lawyers Giving Back
• Section Executive 2007-2008

Volume 18, No. 3 - April/Avril 2008

In this Issue:

• Message from the Chair
• No Cause of Action for "Wrongful Life"
• Ontario's Highest Court Considers Minimum Maintenance Standards for Municipal Highways
• Interpretation of the "Your Product Exclusion", "Your Work Exclusion" and "Rip and Tear Exclusion" in Commercial General Liability Insurance Policy
• Marcoccia (Litigation Guardian of) v. Gill, Purba Furniture Limited, Ford Credit Canada Limited
• OBA Award for Excellence in Insurance Law
• Section Executive 2007-2008

Volume 18, No. 2 - January/Janvier 2008

In this Issue:

• Message from the Chair
• The Supreme Court of Canada Clarifies the Scope of Coverage under Standard Form Automobile Policy Language
• Offers to Settle Involving Deductibles
• Upcoming Programs
• Leased Vehicle and New Commercial Auto Insurance Wordings
• Court of Appeal Considers Apportionment of Fault in Multi-accident Cases
• Jury Trials
• When Tigers Attack
• OBA Young Lawyers' Division — What Membership in Our Section Can Do for You
• Section Executive 2007-2008

Volume 18, No. 1 - September/Septembre 2007

In this Issue:

• Comments from the Chair
• Use of Surveillance at Trial
• Ontario Court of Appeal Makes Distinction between Primary Policy with "Other Insurance Clause" and True Umbrella Policy
• Supreme Court of Canada Upholds Constitutional Validity of Provincial Regulation of Promotion of Insurance by Banks
• Underinsured Motorist Coverage Does Not Extend to All Jurisdictions
• Finlayson v. GMAC: Court of Appeal Confirms that Operation Without Consent No Bar to Liability
• Upcoming Programs
• Newsletters Now Electronic: Message from the Chair of Sections
• National Pro Bono Mentorship Program/Le programme national de mentorat pro bono
• Section Executive 2007-2008

Volume 17, No. 4 - May/Mai 2007

In this Issue:

• Report from the Chair
• Second Insurance Award Dinner Another Success
• Comments by Jesse Glass on Receiving the OBA Award for Excellence in Insurance Law - April 26, 2007
• Comments by Eric Williams on Receiving the OBA Award for Excellence in Insurance Law - April 26, 2007
• Counsel's Addresses to the Jury: Inflammatory, Prejudicial and Other Adjectives
• Letters to the Editor
• Ontario Court of Appeal Considers Hanke v. Resurfice Corp.
• New PAF Guidelines
• Duty to Defend Extends to Passengers in a Motor Vehicle
• CCIR Proposal on "Privilege and Whistle-Blowing Protection"
• Message from the Editor
• Upcoming Programs
• Thank You to Our Generous Sponsors
• Section Executive 2006-2007

Volume 17, No. 3 - March/Mars 2007

In this Issue:

• Message from the Chair
• The "But For" Causation Test Confirmed, the "Material Contribution" Test Curtailed
• Case Commentary: Kingsway General Insurance Co. v. Ontario (Minister of Finance) [2007] O.J. No. 290 (CA) and Allstate Insurance Co. of Canada v. Motor Vehicle Accident Claims Fund [2007] O.J. No. 292 (CA)
• A Pleasant Suprise: Court of Appeal Reverses Nervous Shock Award in Mustapha v. Culligan of Canada Ltd.
• The Supreme Court of Canada Re-examines the Scope of Coverage Under Standard Form Policy Language
• Upcoming Events/Programs
• Section Executive 2006-2007

Volume 17, No. 2 - December/Décembre 2006

In this Issue:

• Message from the Chair
• Bill 18 Heralds Changes to Vicarious Liability for Leased and Rented Vehicles in Ontario
• Supreme Court of Canada Overturns Award Premium on Plaintiff's Costs in Personal Injury Action: Walker v. Richie
• Court of Appeal Upholds 2.5 Million Trial Award in Cowles & Balac v. African Lion Safari
• Pre-judgment Interest Recoverable on Aggravated Damages
• Confidentiality and Communications with Your Expert Revisited
• Section Executive 2006-2007

Volume 17, No. 1 - October/Octobre 2006

In this Issue:

• Welcome to the 2006-2007 OBA Year
• Key Lessons from Three Recent Insurance Law Decisions
• Damages for Intangible Injuries Available in Breach of Contract Cases
• OBA Successfully Challenges Definition of Paralegals in Bill 14
• OBA Award for Excellence in Insurance Law
• Section Executive 2006-2007

Volume 16, No. 3 - May/Mai 2006

In this Issue:

• Report from the Chair
• Award for Excellence in Insurance Law
• Speech by Philippa Samworth, recipient of OBA Award for Excellence in Insurance Law
• The Opaque Subculture of Financial Advisor's E & O
• Staffing Litigation: Time for a Change
• Section Executive 2005-2006

Volume 16, No. 2 - January/Janvier 2006

In this Issue:

• Duty to Disclose is Not to be Assessed from a Purely Subjective Point of View
• Message from the Chair
• Message from the Editors
• Measuring Housekeeping Services: Practical Approaches to Damages
• Philippa Samworth Named OBA Outstanding Defence Counsel
• Upcoming Program
• Section Executive 2005-2006

Volume 16, No. 1 - October/Octobre 2005

• Message from the Chair - by Michael F. Smith  
• Message from the Editors - by Francine Armel and Graham Lloyd  
• Case Review: Soriano et al. v. Palacios and Wawanesa Mutual Ins. Co. - by Donald G. Cormack and Derek V. Abreu  
• New Trends in Damages - by Frank S.M. Devito  
• Privacy Commissioner O.K.'s Surveillance in Litigation - by Patricia Forte  
• New Chair of Sections  
• Upcoming Programs  
• 2006 Institute of Continuing Legal Education  
• Publications   
• Section Executive 2005-2006

Volume 15, No. 2 - March/Mars 2005

In this issue:

• Conflict of Laws: Recognition and Enforcement of Foreign Judgments - by Eleni Maroudas and Sivan Tumarkin 
• Case Management and Mandatory Mediation - Practice Direction Changes in a Nutshell - by Michael Smith  
• Staged Accidents: Lights, Camera, Action! - by Roseanna R. Vaughan
• Upcoming Program 
• Section Executive 2004-2005

Volume 15, No. 1 - November/Novembre 2004

In this issue:

• Are We Going Backwards: The "New" Case Management - by Graham Lloyd
• Case Management: The Case to Abolish It - by Richard Hepner
• No Clear Picture - The Status of Privacy Law and Surveillance in Canada - by Norman Groot
• Upcoming CLE Programs of Interest to Insurance Law Section Members
• Section Executive 2004-2005

Volume 14, No. 3 - June/juin 2004

In this issue:

• More SABS Reform - by Stephen G. Ross
• Ontario Court Confirms PIPEDA Exception to Surveillance for Litigation - by R. Gail Goodman and Jeffery A. Kaufman
•  Nova Scotia (Workers’ Compensation Board) v. Martin - by Michael F. Smith
• Upcoming Programs

Volume 14, No. 2 - January/janvier 2004

In this issue:

• Privacy Seminar: A Privacy Primer - by Elliott A. Zeitz, Dutton Brock LLP
• Bill 198: Its Changing Face and Its Impact on Tort Claims - by Stephen G. Ross, Rogers, Moore

• Gurniak v. Nordquist: A Change in the Law Regarding Deductibility of Collateral Benefits? - by Kimberley Munro, Lerners LLP 

Volume 14, No. 1 - September/Septembre 2003

In this Issue:

• Dilution of the Pollution Exclusion
• Message from the Chair
• Two and a Half Million Dollar Punitive Award "Mushrooms" Previous Canadian Punitive Record
• The Importance of Teams

Volume 13, No. 3 - May/Mai 2003

In this Issue:

• OBA Privacy Law CLE Program
• Bill 198: Experts Address Major Changes
• The Latest Word on Death Benefits
• Accidental Death - The Demise of the "Foreseeability" Test
• The Implied Undertaking Rule & Discovery Rights Obligations

Volume 13, No. 2 - February/Fevrier 2003

In this Issue:

• Bill 198 Highlights
• Report of Ontario Bar Association Insurance Law Section Activities in 2002
• The Limitations Act, 2002
• Five Alignment Strategies for Insurance Clients
• Institute of Continuing Legal Education 2003
• Upcoming Programs

Volume 13, No. 1 - September 2002

In this Issue:

• Bill 166 - Now on the Table
• Message from the Editor
• Readers' Poll
• SAB's - Priority Disputes between Insurers
• Davies v. American Home Ruling Overturned by Divisional Court
• Offers to Settle and the New Cost Grid
• Ontario Court of Appeal Says Contingency Fee Agreements Are Not Champertous...Per Se
• Court of Appeal Reverses $750,000 Bad Faith Jury Award

Volume 12, No. 3 - April 2002

In this Issue:

• Bad Faith is Springboard for Million Dollar Award: Whiten v. Pilot Insurance Co.
• Government of Ontario Appoints Task Force to Study Reforms to Discovery Process
• The Times are Changing...Ontario Proposes Limitations Act reform
• Ontario Court of Appeal Gets Tough on Misrepresentations on Insurance Applications
• Insurance and Pollutants
• Update: Choice of Law for Automobile Accidents
• Upcoming Program

Volume 12, No. 2 - January 2002

In this Issue:

• Smart Connections
• Waiver of Solicitor/Client Privilege
• A Further Update on Vanishing Premium Class Action Litigation
• Excess Insurer Off the Hook in Case of Late Notice
• 12 Building Blocks for Value from Law Firms
• Upcoming Program

Volume 12, No. 1 - September 2001

In this Issue:

• Defence Counsel Beware
• Pre-Trial Production: The Door Opens Wider
• Bill C-8: New Changes for Insurers and Consumers
• How the Bill 59 Schedule Responds to Infant Claims
• Word from the Editor

Volume 11, No. 4 - May 2001

In this Issue:

• Working for You
• Message from the Chair
• Insurance Contracts and the Mediation Envelope
• Reliance on the "Advice of Counsel Defence" in Bad Faith Claims (Or "My Lawyer Made Me Do It")
• Godonoaga (Litigation guardian of) v. Khatambaksh [2000] O.J. No. 2172 (Ont. C.A.)
• Insurance Law Section Executive 2000-2001