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MT Insurance Law Blog
Limitation Periods and Bad Faith Claims For Failure to Settle
March 22, 2012
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On March 22, 2012 the Ontario Court of Appeal released its reasons in Dundas v. Zurich Canada 2012 ONCA 181 in which the Court discusses the limitation period for bad faith actions against insurer, where right of action is assigned...
Revenge of the HTA Trial
February 3, 2012
Insurers (and plaintiffs) should take note of a recent Superior Court decision arising from an unusual tort trial. The defendant Randi Rumney rear-ended the plaintiff (Sabrina Reece) while she was riding her motorcycle. Prior to the collision, the plaintiff was...
FSCO: CPP Child Benefit Can’t Shrink IRB
February 2, 2012
FSCO Arbitrator Judith Killoran has ruled that child’s benefit payments under the Canada Pension Plan are not deductible from income replacement benefits. In Blakely v. State Farm, the parties agreed that a CPP disability pension benefit ws deducted from the...
When is an Application for Benefits Complete?
January 19, 2012
The Ontario Court of Appeal has released a new decision discussing the meaning of “completed application” for the purpose of triggering the 90-day notice period in section 3 of O. Reg. 283/95. In Ontario (Finance) v. Pilot Insurance, the Fund...
ONCA Recognizes Invasion of Privacy Tort
January 18, 2012
The Ontario Court of Appeal has released its decision in Jones v. Tsige, finding that Ontario law does recognize a right to bring a civil action for damages for the invasion of personal privacy. In July 2009, the appellant, Sandra...
ONSC finds Broker failed to Offer Optional SABS Benefits Properly
January 11, 2012
The Ontario Superior Court has dismissed a plaintiff’s action against a broker, claiming the broker did not ‘properly’ offer him the chance to purchase optional income replacement benefits. In Zefferino v. Meloche Monnex Insurance, the plaintiff suffered personal injuries in...
ONCA Overturns Kusnierz; Restores Desbiens Approach
December 23, 2011
The Ontario Court of Appeal has given the Plaintiffs’ Bar a super Christmas present, as it released today its decision in Kusnierz v. Economical. The Court overturned the trial judge’s decision and, in doing so, significantly expanded the class of...
Facebook No Friend of Yet Another MVA Plaintiff
December 15, 2011
Another Ontario Superior Court judge has ordered an MVA plaintiff to preserve, print, and produce to the defendant her Facebook photographs. The plaintiff was involved in a motor vehicle accident on August 6, 2007. In her statement of claim, she...
Facebook No Friend of MVA Plaintiff
December 14, 2011
An Ontario Superior Court judge has ordered a plaintiff to re-attend an examination for discovery to answer questions about photographs of himself that he posted on his Facebook or MySpace pages. He also ordered the plaintiff to produce any such photographs...
Licensing Clinics Makes Sense
December 3, 2011
The Ontario Auto Insurance Anti-Fraud Task Force recently released its Interim Report. One of the more interesting discussions in the report is the recommendation to consider licensing health clinics. The Task Force found that in Ontario, there has been an...
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.
