Archives

July 14, 2015 – Climate Change and Liability Insurance While property insurance has been at the forefront of insurers’ concerns resulting from climate change, liability insurance will also very probably be affected. As the effects of climate change become increasingly apparent, insurers can anticipate a corresponding increase in the number of claims. Not only may the volume of claims...

March 20, 2015 – Lawyers were taken aback by the January 2014 decision at trial in Moore v. Getahun.  The trial judge held that it was improper for counsel to assist an expert witness in the preparation of the expert’s report.  The extent to which this ruling was of concern is demonstrated by the number of intervenors (six) who...

February 11, 2015 – In January, the Ontario Court of Appeal handed down its highly anticipated decision in Moore v. Getahun. The decision provides much needed guidance for litigators and their clients in relation to the role of counsel in interacting with an expert witness in the preparation of an expert’s report.  The underlying trial dealt with a medical...

January 13, 2015 – In a very recent decision – Elias v. Koochek – the Court addressed the issue whether the insurer of a renter of a vehicle who is not named as a defendant in the main action, but has been brought into the action as a third party, has priority over the insurer of the owner of the...