Who is Duncan McDuff?

Duncan McDuff is an Ontario lawyer with 3 court cases on record from 2012 to 2014.

What courts has Duncan McDuff appeared in?

Duncan McDuff has appeared in Superior Court of Justice.

How many cases has Duncan McDuff handled?

Duncan McDuff has 3 cases on record from 2012 to 2014.

What judges has Duncan McDuff appeared before?

Duncan McDuff has most frequently appeared before Justice M. Gregory Ellies, Justice M. Dale Parayeski.

Duncan McDuff | Lawyer

3 total

Kassburg v. Sun Life Assurance Company of Canada, 2014 ONSC 2274

Following dismissal of the defendant’s summary judgment motion, the court addressed the quantum of costs payable to the successful plaintiff.

The plaintiff sought over $35,000 in partial indemnity fees plus disbursements.

The court held that time spent by newly retained counsel familiarizing himself with the file should not be included in the costs award and that the motion involved a discrete issue and a relatively simple record.

The court declined to impose sanctions for disclosure of an expired settlement offer but ordered the plaintiff’s written submissions sealed.

Partial indemnity costs of $10,000 plus disbursements were awarded.

SCJApr 11, 2014

Respondent Counsel

Kassburg v. Sun Life Assurance Company of Canada, 2014 ONSC 1523

The defendant insurer moved for summary judgment dismissing an action for long-term disability benefits on the basis that it was commenced outside the applicable limitation period.

The court held the insurer failed to validly contract out of the two-year limitation period in the Limitations Act, 2002 because the limitation provisions in the policy booklet and contract were ambiguous and did not clearly describe the shortened limitation period.

The court further held that the statutory limitation period began to run only when the insured was advised that her final appeal of the benefits denial had failed.

As the action was commenced within two years of that date, the claim was timely.

The motion for summary judgment was dismissed and a declaration issued confirming the action was commenced within the limitation period.

SCJMar 7, 2014

Applicant Counsel

Salisbury v. Sun Life Assurance Company of Canada et al., 2012 ONSC 3981

The defendant insurer brought a motion under Rule 15.02 of the Rules of Civil Procedure seeking dismissal of the action and costs against the plaintiff’s lawyer personally on the basis that the proceeding was commenced without the plaintiff’s authority.

Evidence revealed the plaintiff had suffered a severe brain injury and her counsel later asserted that she was under a legal disability, raising doubt about her capacity to instruct counsel at the time the claim was issued.

The court held that the plaintiff failed to provide evidence addressing her capacity to authorize commencement of the action.

Drawing a negative inference from the absence of such evidence, the court concluded that counsel lacked authority to commence the proceeding.

The action was dismissed and the plaintiff’s lawyer was ordered to pay the defendants’ costs on a partial indemnity basis.

Applicant Counsel