For Lawyers

This question is fundamental to the calculation and application of the Section B limitation period. The answer is not as straightforward as one might think in the circumstances. Some glaring differences can be quickly noted in the texts chosen to express the limitation periods, both under the statute and under the standard automobile insurance policy….

Since non-pecuniary damages do not compensate a monetary loss, as the term implies, there has been debate as to what they cover and how they are assessed. There are generally 4 grounds upon which non-pecuniary general damages can be claimed: (1) pain and suffering; (2) loss of amenities or enjoyment of life; (3) loss of…

The goal of obtaining surveillance in tort cases is usually to check on the legitimacy of a claim, or ‘assess, process or settle’ it. Courts from various jurisdictions have held that it is usually carried out in preparation for litigation and is thus privileged: Murray v. Woodstock General Hospital Trust (1988), 66 OR (2d) 129 (ONDC); Davis v….