Theodore J. Madison

Associé | London

519.931.3524

Portrait de Theodore J.  Madison

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The latest in insurance bad faith claims

A bad faith claim against an insurer may result in liability beyond the policy limit. Where a plaintiff establishes that its insurer has responded to a claim in a manner that is offensive, reprehensible, or high-handed, the insurer may be...

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Ted Madison comments on Facebook and its involvement in London, ON case

Ted Madison comments on Facebook and its involvement in a London, ON murder case. Read the full article

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Umbrella Insurance Policies: Should you have one?

What is Umbrella Insurance? Personal umbrella insurance is a type of insurance policy designed to add extra liability coverage over and above another insurance policy, such as auto, boat, or homeowners. The extra coverage applies when the liability limits of...

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Who can be Present at an Examination for Discovery?

Answering the question of who should be allowed to attend at an examination for discovery involves an exercise in balancing two competing interests: the interest of upholding the privacy of examinations as a pre-trial discovery process relevant to the parties’...

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Impact of Social Media Evidence in Litigation

It is undeniable that social media has transformed the way individuals interact with one another. In 2018, 64% of Canadians had a social media profile, 50% of whom were registered on more than one social media site.[1] Ontario has the...

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Threshold Motion Dismissed in “Thin Skull” Case

The plaintiff, aged 54, was involved in a motor vehicle accident as a passenger. The vehicle was rear-ended and the collision was of moderate impact. The plaintiff’s back and neck pain evolved into chronic pain. The plaintiff had a pre-accident...

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Third-Party Claim: Is It Out Of Time?

Third party proceedings can be an efficient, and cost-effective way of adding parties and any related claims arising from the same set of facts. Rule 29.02 provides the time constraints for when third party claims must be issued: within ten...

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Sidewalks, Driveway Aprons & Pedestrians

You have all been faced with the situation as to who is responsible for maintenance of sidewalks adjacent to an insured’s property and the portion of the driveway that is beyond the sidewalk adjacent to the municipality’s roadway. The caselaw ...

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Does the Failure to Equip a Vehicle with Winter Tires Equate to Negligence?

Evidence now clearly shows that winter tires are superior to all other types of tires in winter driving conditions.[1] Winter tires maintain elasticity at low temperatures allowing for better vehicle control in both braking and turning ability.[2] Despite compelling scientific...

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Destruction of Evidence

The destruction of evidence, either intentional or through negligence, impedes the ability of the trier of fact to find the truth and reach a just determination of the issues. The destruction of evidence during ongoing or contemplated litigation, intentional or...

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The Latest on Rule 49 Offers to Settle

Facts: 11 months before trial, a defendant makes an offer to settle. On the eve of trial, the plaintiff accepts the offer. The offer includes as a term, “costs to be agreed upon or assessed.” After acceptance of the offer,...

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