What is the test for determining indemnity for defence costs when a plaintiff is injured in a motor vehicle accident?
Ontario, Canada
The following excerpt is from Pagé v Rogers Communications Inc., 2017 ONSC 2341 (CanLII):
This case is somewhat similar to the situation in Amello v. Bluewave Energy Limited Partnership referred to above. In that case Justice Perell carefully analyzed the manner in which insurance would have operated had it been in place. He then ordered indemnity for 50% of the defence costs which is the amount the insurer would have covered.
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