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April 21, 2020 – The Rules of Court provide that a successful party in litigation is entitled to its costs (Rule 10.29(1)(a)). In the absence of litigation misconduct, allegations of fraud, or a contractual entitlement, the Court often turns to Schedule C to assess the quantum of those costs. However, the Court always retains discretion (pursuant to the Judicature Act and...

April 21, 2020 – On April 3rd Justice Leiper, of the Superior Court of Justice, released her reasons for decision in Chavez v Economical Mutual Insurance Company, 2020 ONSC 2005, dismissing the plaintiff’s coverage application.  Stephen Moore and Harrison Nemirov of our firm represented Economical. Chavez was seeking coverage from Economical for an SUV/motorcycle accident which occurred in August of...

April 21, 2020 – In its March 26, 2020 decision of Province of New Brunswick v. Grant Thornton, 2020 NBCA 18, the New Brunswick Court of Appeal expanded the “discoverability principle” as enumerated in s. 5 of the New Brunswick Limitation of Actions Act, SNB 2009, c L-8.5. Section 5(2) holds that, for general limitation periods, a claim is discovered on the...

April 14, 2020 – Insurance policies can frequently include terms that seem deceptively simple, but can be interpreted in divergently different ways depending on the context. For example, policies often include clauses which provide for or exclude coverage where a loss is “directly caused” by a peril. Although this language may seem straightforward, courts across Canada have disagreed about...