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Fernandes v. Penncorp Life Insurance Co. [2014] ONCA 615

Fernandes v. Penncorp Life Insurance Co. [2014] ONCA 615 Decided March 22, 2013 “Mental distress damages are compensatory, not punitive. An award which was four times that requested by the respondent was markedly reduced as it could only be described as punitive.” Ontario Court of Appeal The Respondent, Fernandes, was bricklayer who could no longer […]

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David A. Bertschi Speaking at the SCM Health Solutions 3rd Annual Industry Leadership Seminar August 18th, 2015

David A. Bertschi will be on the panel of speakers at the SCM Health Solutions 3rd Annual Industry Leadership Seminar in Toronto on Tuesday, August 18, 2015. The event will focus on providing an evidence-based 2015 update on key clinical recovery pathways following motor-related injuries and their implication on industry, policy and legislation including a […]

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D.L.G. & Associates Ltd. v. Minto Properties Inc. [2014] ONSC 7287

D.L.G. & Associates Ltd. v. Minto Properties Inc. [2014] ONSC 7287 Decided December 16, 2014 “If a contracting party covenants to obtain insurance, then that party must look to the insurance and cannot not sue a third party for damages for the risk that ought to have been insured.” Ontario Superior Court of Justice The […]

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Colautti Construction Ltd. v. Ashcroft Homes Inc. [2014] ONSC 2715

Colautti Construction Ltd. v. Ashcroft Homes Inc. [2014] ONSC 2715 Decided May 5, 2014 “Entitlement to compounded interest depends on evidence that the parties knew or should have known that an award of damages would attract compound interest.” Ontario Superior Court of Justice The Plaintiff, Colautti Construction Ltd, recovered a judgment of approximately $500,000, and […]

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