Pamela Pengelley – Cozen O'Connor

Reality Cheque: Bank Liability for Fraudulent Bills of Exchange

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

| Business Torts, Civil Remedies, Finance & Banking, Insurance
State Farm Insurance Company v. Jean...

Reasons for Decision

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

| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance

Confidentiality and Disclosure in Mediation: When the Chicken Won't Talk

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

| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law &...

Methods for Enforcing Civil Judgments in Ontario

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, Civil Remedies, Commercial Law & Contracts, Insurance,...
Hollinger Inc. v. American Home...

Reasons for Decision

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

| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies,...
State Farm Insurance Company v. Jean...

Reasons for Decision

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

| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance
Hollinger Inc. v. American Home...

Reasons for Decision

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

| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies,...

A Compelling Situation: Enforcing American Letters Rogatory in Ontario

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

| Civil Procedure, Civil Remedies, Conflict of Laws, International Law &...

Time's Up! Limitation Periods for Subrogated Actions in Canada

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

| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance

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