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MT Insurance Law Blog
Court Has Inherent Jurisdiction to Order “Non-Medical” Assessment but Defendants Must Show Assessment is Necessary for Trial Fairness Ziebenhous v. Bahlieda 2014 ONSC 138
April 7, 2014
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In a decision released on April 2, 2014, the Divisional Court affirmed the Court has inherent authority to order a plaintiff to attend a “non-medical” assessment. The case dealt with two different actions where defendants had sought to have assessments...
ONSC “Permits” Insured’s Coverage Request
March 25, 2014
The Superior Court has released a new decision on whether an insured violated a statutory condition in the standard Ontario Automobile Policy. In O’Connell v. The Personal Insurance Company, the applicant’s girlfriend asked to borrow his vehicle, insured with The...
Insurer Owes Duty of Good Faith, but Not Fiduciary Duty
March 11, 2014
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Garneau v. Industrial Alliance 2014 ONSC 1495 Ms. Garneau was approved for LTD benefits. She then took a medical retirement. Her LTD insurer was not aware that Ms. Garneau began to receive a medical retirement pension, which was an off-set...
Court Denies Pot Plant Theft Claim
March 10, 2014
The Ontario Divisional Court has dismissed an appeal in an insurance case over stolen marijuana plants, but for different reasons than the original decision. In Stewart v. TD Insurance, the plaintiffs insured the contents of their residence under a policy...
ONSC Dismisses Limitation Period Motion
March 3, 2014
The Ontario Superior Court has released a summary judgment decision in a motor vehicle accident tort action dealing with a limitation period issue. The decision appears to be the first of its kind since the Supreme Court of Canada’s decision...
ONCA Upholds Insurer’s Limitation Defence
February 11, 2014
The Court of Appeal for Ontario has upheld an insurer’s summary judgement motion, dismissing a claimant’s action against her accident benefits insurer because she missed the two-year limitation period. Tanya Sietzema was involved in a car accident November 11, 2005....
ONCA Sets Limitation Start Date for Underinsurance Claims
February 4, 2014
The Court of Appeal for Ontario has released a decision determining when the limitation period starts to run for underinsurance claims under the OPCF 44R (Family Protection Endorsement). In Schmitz v. Lombard, the plaintiff was struck by a vehicle in...
Transfer to Small Claims Court? I Don’t Think So…
February 3, 2014
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In a recent decision in a personal injury action, a Superior Court Judge denied a plaintiff’s motion to transfer her action to Small Claims Court despite her assertion that her damages would properly be assessed under the $25,000 limit of...
Guaranteed Replacement Cost Coverage Denied When Insureds Decide to Relocate
January 20, 2014
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March 11, 2009 – a disastrous day for Mr. and Mrs. Willoughby. Their home was destroyed by fire. And while they might have moved back and had their home rebuilt, they instead decided to relocate. This decision had a consequence...
Frankly Scarlett, You’ve Been MIG’ed
November 29, 2013
FSCO Director’s Delegate David Evans has allowed the insurer’s appeal in Arbitrator Wilson’s controversial MIG decision. Evans found that Wilson made a number or errors in reaching his conclusion that the claimant’s medical/rehabilitation benefits claims were not subject to 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.
