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MT Insurance Law Blog
Disclosure Requirements for Statutory Third Parties
May 26, 2016
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Two cases decided within the last year have confirmed that an insurer which adds itself as a Third Party pursuant to Section 258 (14) of the Insurance Act (the off-coverage insurer) is required to answer questions and disclose information in...
Insurers Beware: Costs Awards Need NOT Be Proportional to Damage Awards
May 12, 2016
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The Ontario Superior Court of Justice has provided us with two reminders this May that costs awards need not be proportional to damage awards, as exemplified by the cases below. In Mancini Associates LLP v. Guido et al., 2016 ONSC...
Ontario Court of Appeal provides Clarification on Assessments Performed by Professionals who are not “health practitioners”
May 5, 2016
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The Ontario Court of Appeal in Ziebenhaus v. Bahlieda, 2015 ONCA 471, recently provided clarification on a contentious issue in personal injury litigation. The plaintiff sustained a brain injury in a skiing accident while on a school trip to Mount...
Retrospectively or Not Retrospectively – That is the Question
April 21, 2016
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The issue of whether the recent amendments to Ontario’s Insurance Act dealing with the indexation of the statutory deductible to inflation was recently before the Ontario Superior Court of Justice in Corbett v. Odorico, 2016 ONSC 1964 (CanLII). Following...
Court of Appeal Takes Expansive Approach to Definition of “Accident” In Caughy Decision
April 20, 2016
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The Ontario Court of Appeal’s decision in Caughy v. Economical Mutual Insurance Company 2016 ONCA 226 seems to have expanded the definition of “accident,” for the purposes of statutory accident benefits, to include a trip and fall incident. Recall the...
Employees Who Rent Vehicles for Work: Liability Insurance Implications When Accidents Occur
April 15, 2016
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The frequency with which employees rent vehicles for employment purposes is a common occurrence. Amendments to certain legislation in Ontario introduced a priority scheme for liability coverage, and corresponding changes to the standard Ontario Automobile Policy reconfigured personal coverage to...
Containing the Spread of Fire(wall)
April 7, 2016
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Implementation of internal firewalls between accident benefits and bodily injury departments has been a struggle for automobile insurers since the publication of the Insurance Bureau of Canada’s Bulletin 184, called “Internal Transfer of Information from Accident Benefits Adjuster to Tort...
Advanced Payments: When and Why?
March 31, 2016
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With the pending changes to the SABS, tort adjusters will undoubtedly be called upon by Plaintiff counsel to make advance payments to cover such things as medical expenses, lost wages and attendant care. Seriously injured Plaintiff’s facing a combined $65,000...
Procedural Fairness and Due Process Trump Arbitrator’s Award – Appeal Allowed
March 29, 2016
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As the sun begins to set on FSCO, Director’s Delegate Blackman rendered a Preliminary Issues Appeal order in Waldock v. State Farm (FSCO Appeal P15-00068, March 18, 2016) which serves as a helpful reminder to those who descend into the...
Jurisdiction (Not So) Simpliciter in an Out of Province MVA
March 24, 2016
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The Supreme Court of Canada recently announced that they will not hear an appeal from an Ontario women injured in a 2012 motorcycle accident in British Columbia. This decision effectively upholds the finding of Ontario’s Superior Court of Justice in...
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.
