Two insurers, a mutual policyholder, and the duty to defend
Ontario Court of Appeal upholds Application Judge’s treatment of Property Report Evidence In AIG Insurance Company of Canada (“AIG”) v Lloyd’s Underwriters (“Lloyd’s”) (2022 ONCA 699), the Ontario Court of Appeal was tasked with answering “whether two insurers have a […]
WAGG Motions – don’t forget the audio recordings
Wagg motions refer to motions for the production of police or Crown documents. They are referred to as Wagg motions because of the case of D.P. v. Wagg (“Wagg”), which sets out the process to be followed when seeking these […]
Disclosure of Expert Retainer Letters
The issue of whether a party must produce a lawyer’s ‘instructional letter’ when retaining an expert was considered by the Ontario Superior Court in Nikolakakos v. Hoque, 2015 ONSC 4738. This case involved an action for damages arising from personal […]
Advanced Payments: When and Why?
With the pending changes to the SABS, tort adjusters will undoubtedly be called upon by Plaintiff counsel to make advance payments to cover such things as medical expenses, lost wages and attendant care. Seriously injured Plaintiff’s facing a combined $65,000 […]
