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MT Insurance Law Blog
Travel Expenses Awarded to Insurer
June 9, 2015
The recent FSCO Arbitration decision of Yeboah and Economical Mutual Insurance Company (FSCO File No. A11-003130, May 21, 2015) gives hope to insurers, and counsel for insurers, with respect to costs (referred to as “expenses” at FSCO). This hearing on expenses...
Case Comment – Heffernan Estate v. Lloyd’s Canada.
June 3, 2015
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Today the Ontario Superior Court released its decision in the case of Heffernan Estate v. Lloyd’s Canada and considered whether an insurer has a duty to defend when the policy is limited in its express language to indemnification. Heffernan was...
Iannarella v. Corbett – the Master Class in Handling Surveillance in Litigation and at Trial
June 3, 2015
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Insurance litigators will be interested in the recent Court of Appeal decision in Iannarella v. Corbett. The Court made comments with respect to liability in rear-end acidents and extensive comments on the use of surveillance in litigation and at trial. Facts On a...
Divisional Court Rules Accident Benefits Carrier No Interest in LTD Litigation
April 29, 2015
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Atwi v. Certas Direct Insurance 2015 ONSC 2683 (DivCt) The plaintiff was involved in a motor vehicle accident. She claimed accident benefits from Certas, and long-term disability benefits from Manulife. Her claim for income replacement benefits was approved. The LTD...
SCC finds Nexus in Zurich v. Chubb
April 21, 2015
The Supreme Court of Canada has reversed the Ontario Court of Appeal’s decision in Zurich v. Chubb. The claimant was driving a Ford Windstar that she had rented from Wheels4Rent, a car rental agency. On September 23, 2006, she had...
PHIPA does not Protect Health Information Custodians from Lawsuits
February 18, 2015
The Court of Appeal for Ontario has held that a hospital can be sued (in a proposed class action) for a privacy breach. In Hopkins v. Kay, the class plaintiff alleged that her records as a patient at the Peterborough...
Delay in Coverage Decision Attracts Criticism from Ontario Court of Appeal
February 12, 2015
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Mallory v. Werkman Estate 2015 ONCA 71, February 2, 2015 On February 6, 2005, three motorcycle drivers were racing. One of the drivers, Mr. Werkman, lost control and struck a car seriously injuring the driver, Mr. Mallory. Mr. Werkman died. ...
Duty of Loyalty Owed By Defence Counsel, Even with Reservation of Rights
February 3, 2015
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Mallory v. Werkman Estate 2015 ONCA 71, February 2, 2015 On February 6, 2005, three motorcycle drivers were racing. One of the drivers, Mr. Werkman, lost control and struck a car seriously injuring the driver, Mr. Mallory. Mr. Werkman died. ...
Plaintiff Can Provide Corroborating Evidence of Change In Function
January 23, 2015
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On January 22, 2015 the Ontario Court of Appeal released its reasons in the case of Gyorffy v. Drury. Since October 2003 plaintiffs in Ontario who seek an aware of general damages for injuries arising from a motor vehicle accident...
Beam Me Up Some Attendant Care
January 7, 2015
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Service providers can potentially provide attendant care from across the planet, according to a new Superior Court decision inShawnoo v. Certas Direct Insurance Company. Text messaging, Face Timing, emailing and telephone calls can all qualify as the provision of attendant...
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.
