Canadian courts have struggled with whether a "waiver of tort" stands as an independent cause of action for certification under the Class Actions Act, SNL 2001, c C-18.1 [CAA] and other provinces' equivalent acts. A waiver of tort allows the plaintiff to forego damages and seek disgorgement of the defendant's profits from wrongful conduct. Therefore, […]
In Kozel v The Personal Insurance Company, 2014 ONCA 130 [Kozel], a decision released on February 19, 2014, the Ontario Court of Appeal considered the scope of relief from forfeiture pursuant to section 98 of the Courts of Justice Act, RSO 1990, c C.43 [CJA], in the context of an automobile insurance claim.
Before 2007 fades too quickly in the rearview mirror, there is still time to stop and briefly visit the last Supreme Court of Canada ("SCC") decision of the previous year. On Dec. 20, 2007, the SCC released their unanimous decision in Jedfro Investments (USA) Ltd v Jacyk, 2007 SCC 55. We first looked at this case […]