Judgment following an Application pursuant to Rule 33. The Court held that: 1) ICBC was not required to pay the Plaintiff an adjustment to the damages calculated as of the date of trial which counsel had incorrectly referred to as “interest”; 2) ICBC was required to pay post-judgment interest on unpaid costs; and 3) ICBC was not entitled to deduct the appeal costs awarded in favour of the Insured against the trial costs it was required to pay the Plaintiff.

07. December 2005 0
Reilly v. Insurance Corp. of British Columbia, [2005] B.C.J. No. 2660, British Columbia Supreme Court

The University of Western Ontario (the “University”) succeeded in obtaining an Order that its Insurer (“Guardian”) pay 95% of the legal costs incurred by the University in defending an action brought against it by a former employee (“Hanis”). Guardian was held to be responsible for all defence costs except that portion of the costs related exclusively to non-covered claims.

07. December 2005 0
Hanis v. University of Western Ontario, [2005] O.J. No. 5289, Ontario Superior Court of Justice

The Plaintiff’s claims against the Attorney General of Canada, his Insurer and various other parties was dismissed by way of Summary Judgment after the Court found that the Release executed between the Plaintiff and his Insurer precluded commencing an action against a non-party to the Release in which a claim-over could be made against the Releasee. Accordingly, the Defendants’ motion for Summary Judgment dismissing the Plaintiff’s claims and the cross-claims was granted.

05. December 2005 0
Radvar v. Canada (Attorney General), [2005] O.J. No. 5239, Ontario Superior Court of Justice

The Ontario Court of Appeal held that one co-insured could not unilaterally cancel or delete the coverage of the other co-insured under the automobile insurance policy. The majority held that for the cancellation or deletion by one co-insured to be effective against the other co-insured, the insurer had to give fifteen days prior notice of that cancellation or deletion to, and obtain the express or implied consent of, the other co-insured.

28. November 2005 0
Transportaction Lease Systems Inc. v. Guarantee Co. of North America, [2005] O.J. No. 5036, Ontario Court of Appeal