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MT Insurance Law Blog
Court of Appeal Upholds Mental Distress Award
November 18, 2011
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The Court of Appeal recently rendered its decision in the McQueen v. Echelon General Insurance Co. [2011] O.J. No. 4563 (Ont CA) case. The plaintiff Janey McQueen was injured in a motor vehicle accident on January 31, 2004. She applied...
Facebook No Friend for FSCO Claimant
November 2, 2011
A FSCO arbitrator has ordered a claimant to produce to the insurer all photographs with her image posted to her Facebook profile (including any limited-access or private portion of her profile) for the period May 5, 2008 to May 5,...
Loss Transfer Limitation Cases Head to ONCA
October 31, 2011
The Court of Appeal for Ontario has granted the appeallants leave to appeal in two loss transfer matters: Federation v. Kingsway and ING v. Markel. The Court of Appeal will decide when the two-year limitation period for loss transfer matters starts...
Update: Insurer Must Defend G2 Licensed Drunk Driver
October 17, 2011
With reasons released today, the Court of Appeal has dismissed the insurer’s appeal. Tut v. RBC General Insurance Company, 2011 ONCA 644 (Originally posted June 29, 2011) Today’s Ontario Reports contained an interesting duty to defend decision from February 2011. In Tut...
Duty to Defend Goes Too Far?
September 28, 2011
Damon Tedford was being sued in regard to certain representations he made on a seller property information sheet by the person to whom he sold property in Ottawa. He submitted the claim to his insurer (TD Insurance — The decision...
FSCO Allows Insurer’s Appeal over WSIB Issues
September 27, 2011
A FSCO Director’s Delegate has allowed an insurer’s appeal of an arbitrator’s decision, which allowed the claimant to pursue accident benefits despite an unsettled WSIB claim. In Balendra v. Security National, the claimant was working as a parking lot attendant...
FSCO: Man Injured while Repairing Vehicle not in “Accident”
September 19, 2011
A FSCO arbitrator has ruled that a man who fell off a truck while repairing it was not involved in a motor vehicle accident for the purpose of receiving accident benefits. In Olesiuk v. Kingsway, John Earl Olesiuk was injured...
ONCA: Single Vehicle Accident Caused Solely by Driver’s “Recklessness”
September 8, 2011
The Ontario Court of Appeal has just released a decision overturning the trial judge’s findings of liability in a single car motor vehicle accident. In Morsi v. Fermar Paving, Mark Morsi died in a single vehicle accident. His family sued...
Consumers Slow to Add New Optional SABS Coverages
August 30, 2011
FSCO’s August 30, 2011 Auto e-Newsletter contained the results of a survey the Commission conducted to find out whether consumers were buying the optional benefits available under the new SABS (policies issued/renewed on or after September 1, 2010). The results are...
Defence Medical Reports Ordered to be Produced at FSCO
August 29, 2011
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In the Sros (Elizabeth) Thi Thach v. State Farm Mutual Automobile Insurance Company, the applicant provided her experts in the AB claim with a copy of the defence medical reports completed in the companion tort action. She refused to produce a...
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.
