Punitive damages ordered for slow payment.

On January 16, 2017, the Ontario Superior Court of Justice assessed punitive damages against an insurance company for its failure to pay a property claim in timely fashion in  J.I.L.M. Enterprises & Investments Ltd. v. INTACT Insurance, 2017 ONSC 357. The insured brought an action for damages against its property insurer with respect to a fire which partially destroyed the insured’s hotel and restaurant building. No payment was made under the policy until almost three years after the fire. The insurer paid its calculation of the actual cash value of the building and one year later paid...

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My most memorable case of 2016.

The past year has seen many interesting and surprising cases land on my desk. But my most memorable case involved a woman I’ll call April. April had been employed by a financial institution for a number of years when she developed cancer that forced her to stop work in May 2001. She applied for long-term disability benefits under her employer’s group insurance policy. Her claim was approved and benefits were paid starting in November 2001. Although the cancer treatment went well, April developed a number of mental illnesses including major depression, a generalized anxiety...

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Using articles cited in expert reports in evidence.

On September 19, 2016, a judge of the BC Supreme Court held that articles cited in expert reports are not “evidence”. However, the judge went on to outline how these documents may be used at trial. In Cambie Surgeries Corporation v. British Columbia, 2016 BCSC 1739, the plaintiffs, who are suing the government of BC in the basis that certain Provincial health-care laws are unconstitutional, sought to introduce into evidence several articles and texts cited by their expert witnesses. Mr. Justice Steeves set out the limits and procedural use of such documents: 11]         It...

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Manulife tried to quash lawyer’s website, and lost.

“… there is public benefit in having Mr. Fishman at liberty to act in litigation adverse to Manulife…” – David Allsebrook, CIRA panelist, September 16, 2016 After losing a protracted court application to disqualify me from acting against them on behalf of one of my clients, The Manufacturers Life Insurance Company (“Manulife”) then tried unsuccessfully to limit my ability to advertise the fact that I am able to represent people with claims againts Manulife. Following Manulife’s failed application in McMyn v. Manufacturer’s Life Insurance Company, 2015 BCSC 2205, I...

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Filing inconsistent pleadings is an “abuse of process”.

On August 31, 2016, a judge of the BC Supreme Court criticized a long-standing ICBC tactic and declared a mistrial. Madam Justice Gropper found that is is an abuse of process for a defendant sued by multiple parties from a single motor vehicle accident to admit liability in one lawsuit but deny in the other “where there are no facts to distinguish the two”. In Glover v. Leakey, 2016 BCSC 1624, the defendant was involved in an accident which injured two passengers. One passenger sued, liability was admitted by ICBC, and the case settled. The second passenger sued and liability was denied....

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