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MT Insurance Law Blog
Court of Appeal Rules that Contractual Limitation Period within Insurance Policy Overrides the Statutory Two-Year Limitation Period
March 17, 2016
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The Ontario Court of Appeal has affirmed that a contractual condition within an insurance contract imposing a limitation period of 1 year will override the statutory two-year limitation period found within the Limitations Act, 2002. In Daverne v. John Switzer...
Insurers Can Lighten their Legal Expenses with a new AABS and LATs Workout!
March 11, 2016
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In my blog entry of February 5, 2016, I talked about the upcoming changes to the procedure for accident benefit disputes. And further updates are now available. The License Appeal Tribunal (LAT) will be accepting applications to its new Auto...
FSCO Expenses Awarded after Late Withdrawal
March 11, 2016
In Shaazil Khan v. State Farm Automobile Insurance Company FSCO A13-014868, Arbitrator Charles Matheson awarded expenses against the claimant after a withdrawal two weeks prior to arbitration. The subject accident occurred on April 26, 2011. The claimant was a 6-year...
Destruction of Evidence
March 3, 2016
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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...
Barring the Action of Family Law Act Claimants of Workers
February 25, 2016
The interplay between tort/bodily injury cases and workers’ compensation is often complex, but may prove to be a useful tool for insurers to attempt to dismiss an action against their insured. It becomes increasingly more complex when it involves a...
Our Regular and Frequent Visitors: Snow, Ice, and the Occupier’s Duty of Care
February 18, 2016
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It’s tough being an occupier in Ontario. As if keeping a premises ‘reasonably safe’ was not hard enough, you must do so ‘in all the circumstances’ often while it feels like even the weather is conspiring against you. This is...
Membership has its Privileges: Expanding Priority – Are Car-Share Insurers Sharing more than they Thought?
February 12, 2016
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The car-share model is coming of age in many urban centres. The attractions of the car-share concept include reduced urban traffic congestion, generational mind shifts about car ownership, increasing costs of personal vehicle ownership and environmental sustainability. According to recent...
Days may be numbered for the Material Contribution Causation Test
February 10, 2016
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Arbitrator John Wilson has released a decision casting doubt on the appropriateness of the prevalent use of the material contribution test for causation in accident benefit matters. In Kofi Agyapong v. Jevco Insurance Company, FSCO A11-003445, among numerous other issues,...
The AB Alphabet Soup’s New Letters – SLASTO and LAT
February 5, 2016
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The Ontario Government, in their quest to reduce automobile insurance premiums, announced substantive and procedural changes to the accident benefits world that will be taking effect soon. This article deals with the procedural aspects of the changes. These changes are...
Refresh/Reset – Multiple $2,000.00 Deductibles Allowed in Loss Transfer Claims
January 26, 2016
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A recent Superior Court decision (Economical v. Northbridge, 2016 ONSC 458) has provided the industry with a refresh/reset in applying the $2,000.00 statutory deductible in loss transfer claims. The deductible in issue is set out in section 275(3) of the...
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.
