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ARTICLE · 16 OCTOBER 2024

Court Of Appeal Summaries (October 7 – 11, 2024)

Blaney McMurtry LLP
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In Curtis v McCague Borlack, the Court upheld the dismissal of the bulk of the claims made against counsel by a party against whom they had acted on behalf of a client.

CanadaLitigation, Mediation & Arbitration
John Polyzogopoulos
John Polyzogopoulos
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In Truong v. Jeweler's Mutual Insurance Company the Court dismissed an appeal by a jewelry insurer from an award of punitive and compensatory damages after the insurer failed to pay out on a loss despite the insured's compliance with the terms of the policy. The Court affirmed the trial judge's finding that the insurer had put forward a purposeful and unreasonable defence in an attempt to impose unbargained for obligations onto the insured.

In Curtis v McCague Borlack, the Court upheld the dismissal of the bulk of the claims made against counsel by a party against whom they had acted on behalf of a client. However, the Court allowed the appeal in part, granting the appellant the opportunity to amend his statement of claim to pursue only a claim for malicious procecution, which was the only potential claim that was not necessarily bound to fail as a result of the defendants' absolute immunity.

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