Canadian Transport Lawyers Association – AGM & Educational Conference 2018

October 2018

The following is prepared as part of a panel presentation reviewing recent cargo cases. In addition to involving cargo, the cases below also share a common theme – invoking certain procedures to dispose of claims before the conclusion of trial. While summary judgment motions may represent the most commonly-known method of disposing of a matter prior to trial, only one of these cases involved a summary judgment motion. In two other cases, the claims were struck due to the Federal Court’s lack of jurisdiction. Finally, a recent cargo decision presents as a rare example of a motion for non-suit.

Note to Insurers: Choose your Position, and Tell your Insured

March 2019

The recently released case of Demetriou v AIG Insurance Co of Canada, provides further insight on insurer conduct that can attract punitive damages.  Following an insurers denial of a claim for a stolen ring, Justice Gray granted the insured plaintiff summary judgement and awarded $50,000 in punitive damages against the insurer.