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MT Insurance Law Blog
Case Comment: Hoang v. The Personal Insurance Company of Canada
November 27, 2015
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Case Comment: Hoang v. The Personal Insurance Company of Canada Recently, the Ontario Superior Court of Justice considered indemnity and documentary disclosure obligations in the context of an action in which a plaintiff sought a declaration that the insurer of...
Cobb v. Long Estate, 2015 ONSC 6799, November 13, 2015
November 27, 2015
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Following a four week jury trial, Justice Belch heard the plaintiff’s motion to settle terms of Judgment. The jury awarded $220,000 for all claims including $50,000 for past wage loss and $100,000 for future economic loss. After deducting collateral benefits...
Square Pegs in Round Holes: Adjusting Claims Involving Rideshare Drivers
November 23, 2015
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CampusLifts. Haxi. Kangaride. Lyft. Sidecar. Summon. UberX. Wingz. Sound familiar? They are colloquially known as “rideshare” services or transportation network companies (TNC). TNC’s typically do not provide transportation services themselves. Instead, they provide an online-enabled platform to connect passengers with...
Insurers Continue Success with Limitation Period Defences
November 23, 2015
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Following the Court of Appeal’s decisions in Sietzema v. Economical Insurance, 2014 ONCA 111 (CanLII), 118 O.R. (3d) 713 and Sagan v. Dominion of Canada General Insurance Company, 2014 ONCA 720 (CanLII), insurers have continued to see success with the...
Action for Underinsurance Coverage Dismissed where Insured Settled Florida Action for less than Available Limits
November 11, 2015
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In a recently reported case, Kovacevic et al. v ING Insurance Company of Canada et al., 2015 ONSC 3415, the court has ruled that an insured may not settle an action for less than the tortfeasor’s available policy limits and...
Who’s an Expert?: The Last Word on Westerhof v. Gee Estate
November 6, 2015
Author: Caroline Meyer The Supreme Court recently denied leave to Appeal the Ontario Court of Appeal’s decision in Westerhof v. Gee, leaving the Court of Appeal’s decision as the final word on the important issue of the application of Rule...
Failure to Mediate in Good Faith: Commentary from the Ontario Court of Appeal
October 29, 2015
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In the case of Ross v. Bacchus, the Ontario Court of Appeal was asked to overturn a trial judge’s imposition of a $60,000 penalty on an insurer for failing to mediate in good faith. Leading up to the six-day trial,...
2014 Attendant Care Amendments Not Retroactive
October 28, 2015
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On October 27, 2014 Quinlan, J. rendered a decision in Davis v. Wawanesa Mutual Insurance Company, 2015 ONSC 6624. The Plaintiff sought a determination before trial with respect to whether section 2 of Ontario Regulation 347/13, effective February 1, 2014,...
Court of Appeal Finds Break in Chain for Loss Transfer
October 23, 2015
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On October 20, 2015, the Court of Appeal rendered its decision in State Farm Automobile Insurance Company v. Old Republic Insurance Company of Canada, 2015 ONCA 699. The decision involved the correct interpretation of subsection 9(4) of the Fault Determination...
Insurer’s Attempt to Short Circuit Dispute Resolution Process Shut Down
October 8, 2015
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Those insurers frustrated by the delay in having an “accident” determination adjudicated under the dispute resolution process should take heed of the recent decision of Mr. Justice Sweeny in Ayr Farmers Mutual Insurance Company v. Wright, 2015 ONSC 6219. Mr....
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.
