Pamela Pengelley – Cozen O'Connor

Abstract: For professional "fact-gatherers" such as lawyers, insurance adjusters, claims handlers and private investigators, the vast wealth of information that people volunteer on Facebook can be a goldmine or a smoking…more

Abstract: Indemnification refers to the financial protection provided by the corporation for its directors. It shields directors from expenses and liability of legal proceedings alleging breaches of their duty to the…more

Abstract: Where an insured is the victim of a fraudulent check scheme, fidelity insurers seeking to recover monies paid out under their policies often find that the perpetrator has very little in the way of assets to…more

Civil procedure — Injunctions — Considerations affecting grant — Serious issue to be tried or strong prima facie case — Preservation of property — Mareva injunctions — The plaintiff successfully sought a Mareva injunction,…more

Abstract: The recent Ontario Court of Appeal decision in Ahmed v. Stefaniu, [2006] O.J. No. 4185 (C.A.) is considered in detail. This case involved a jury verdict of negligence against a psychiatrist who had previously decided…more

Abstract: In the absence of statutory protection for confidentiality of mediation communications in Ontario, courts must rely on the common law to determine what should be protected and what may be divulged. This article…more

Abstract: Obtaining a judgment against a defendant in a subrogated action may often be only the first step in a long process - obtaining a judgment is no guarantee of obtaining payment. When a court issues a judgment, it…more

Civil procedure — Costs — Assessment or fixing of costs — Whether amount fair and reasonable — Two primary insurers who tendered joint limits of $50 million to fund derivative action against Hollinger in Delaware awarded…more

Abstract: When goods are damaged during transport, the seemingly obvious targets in a subrogated action are usually the "carriers", being the parties who were contracted to handle and transport the goods. There is,…more

When an insurer steps into the shoes of its insured and commences a subrogated action against the parties who caused an insured loss, it is often desirable for the insurer to withhold the production of certain documents that…more

Civil procedure — Judgments and orders — Default judgment — Setting aside — Defence on the merits — Noting in default — Reasonable excuse for default — Motion by defendant to set aside the noting in default and the default…more

The Third and Fourth Excess Insurers provided coverage to the Insured Company under policies that are part of what is known as a "ladder" scheme. The Primary Policy and the First and Second Excess policies were exhausted as a…more

Abstract: Where a party seeks to take evidence from an unwilling party in a foreign jurisdiction, a formal request for judicial assistance must be made by the party's domestic court to a court in the foreign jurisdiction…more

Abstract: This article provides an overview of some basic legal principles that come into play in determining the burden of proof in a subrogated property damage case. As this article discusses, depending on the facts,…more

Abstract: All legal proceedings, including subrogated recovery actions, must be commenced within a certain period of time set out by legislation. The time period in which an action can be brought is called a limitation…more