The appellants argue that the trial judge erred in finding that they were late in reporting their claim for loss to Pembridge and was, therefore, disentitled to coverage under their homeowners’ insurance policy. There was conflicting evidence as to when the appellants informed Pembridge of their claim. In our view, it was open to the…
This endorsement concerns the costs of ten similar motions brought by the plaintiff to add party plaintiffs and amend the statements of claim heard by me on September 18, 2006.1 The motions were denied by endorsement released September 27, 2006, now reported at [2006] O.J. No. 3857.
This action is one of a number of actions commenced by Close Up International Ltd. (“CUI”), a U.S. company, for infringement of its copyright in films. The plaintiff alleges that the defendants unlawfully reproduced, sold, rented and distributed its films without licence from the plaintiff. This is a motion by the plaintiff to amend the…
These reasons apply to 5 motions in 3 actions: 05-CV-297955PD 3; 05-CV-297961PD 3; and 05-CV-297964SR. Regarding the latter action, on consent, the action is transferred out of the simplified procedure. The SR designation in the action number is replaced by PD3. Counsel are to use this designation in all future documents displaying the action number.
The plaintiffs were ultimately successful in obtaining certification pursuant to the CPA and, in my judgment, they are entitled to an award of costs. The defendants did not challenge the appropriateness of such an order in principle, but submitted that the costs should be made payable to the plaintiffs in the cause and that the…
For the reasons released on August 24, 2005, the plaintiffs’ motion to certify these proceedings under the Class Proceedings Act, 1992 S.O. 1992, c.6 (“CPA”) was adjourned to permit further submissions to be made after attention had been given to deficiencies in the material filed in support of certification. I had considered the litigation plan…
The plaintiffs moved for leave to amend their pleading and to certify the proceedings pursuant to the Class Proceedings Act, 1992, S. O. 1992, c. 6. They seek to represent a Class consisting of the purchasers of residential condominium units in a project known as the Residence of Beauclaire in Thornhill, Ontario. In the statement…
The plaintiff, Vito Auciello, paid the premiums for his disability insurance by way of pre-authorized monthly withdrawals from a bank account at the defendant Royal Bank of Canada. The account was opened in the name of the plaintiff’s company, VA Realty Ltd. VA Realty was initially also a plaintiff in this litigation, but was dissolved…