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MT Insurance Law Blog
Commencement of Limitation Periods in Threshold Claims
October 31, 2016
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Recently, the Ontario Superior Court of Justice considered when limitation periods begin to run in tort actions arising out of motor vehicle accidents in Schaefer v. Ayeneababa, 2016 ONSC 3673. The Plaintiff was involved in an accident on June 24,...
Disability Certificate Not Enough to Determine Eligibility for IRB
October 20, 2016
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In an October 3, 2016 preliminary issue hearing (16-000063 v. Dominion of Canada General Insurance Company, 2016 CanLII 67139), Adjudicator Marzinotto of the License Appeal Tribunal allowed an applicant to proceed to a hearing disputing both entitlement to Income Replacement...
Small-Town Garage Liable for Crash Involving Vehicle Stolen from its Premises
October 20, 2016
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The Village of Paisley, population 1,100, is situated in the heart of Bruce County. Until recently, its claim to fame was its annual Beef Fest held every August. Recently, the Ontario Court of Appeal cast a spotlight on this quiet...
Court Ordered Defence Medicals
October 13, 2016
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In the recently reported case of Daggitt v. Campbell[i], the Court reviews the requirements for a Court ordered defence medical pursuant to Section 105 of the Courts of Justice Act and Rule 33 of the Rules of Civil Procedure. In...
Aviva v. McKeown, 2016 ONSC 6017, September 26, 2016 – Sufficiency of reasons for an EUO: Is it better to give than it is to receive?
October 11, 2016
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A test application was brought before the court on the issue of “whether a justification is required” to compel a person (in this case, six claimants from five accidents, all represented by the same counsel) to attend an Examination under...
Insureds Claiming “Diminished Value” Damages under Ontario’s OAP1 Auto Policy [1]
October 11, 2016
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“Does “damages” in its various manifestations in the OAP, the [Insurance] Act and the Statutory Conditions include Diminished Value? Is …[an insured] estopped from claiming Diminished Value? Is this a contractual claim defined by the statutory policy or does the...
Slip & Fall Season and Recreational Trails – Franklin et. al. v The City of Greater Sudbury, 2016 ONSC 4739 (CanLII)
September 29, 2016
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Slip and fall season is fast approaching, much to the dismay of many. Still, with winter comes breathtaking snow falls, making for picture walks along recreational trails, and otherwise within our communities. What happens when we fall on one of...
Threshold Motion and Chronic Pain: Arteaga v. Poirier, 2016 ONSC 3712
September 22, 2016
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A recent case highlights the importance of having expert evidence a trials involving complaints of chronic pain. Justice DiTomaso concluded on the threshold motion that the Plaintiff, Ms. Eliana Arteaga, had sustained a permanent and serious impairment despite MRI reports...
Costs in the LAT
September 1, 2016
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The recent Thompson v. Intact Insurance[1] decision of the License Appeal Tribunal (the “Tribunal”) confirmed the Tribunal’s jurisdiction over costs on an issue resolved in advance of the case conference. The Tribunal looked to both the LAT Rules of Practice...
Double Count Me Out: Confusion Persists when Rating Brain Injuries and Mental and Behavioural Disorders
August 26, 2016
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Concerns about “double counting” in the context of catastrophic impairment determination under the various versions of the Statutory Accident Benefits Schedule (“Schedule”) are nothing new. Although the question has been addressed in numerous cases over the years, confusion persists. Director’s...
Disclaimer
This blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of this blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.
