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MT Insurance Law Blog
WAGG Motions – don’t forget the audio recordings
December 8, 2017
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Wagg motions refer to motions for the production of police or Crown documents. They are referred to as Wagg motions because of the case of D.P. v. Wagg (“Wagg”), which sets out the process to be followed when seeking these...
Deciphering the Duty to Defend
December 5, 2017
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The Court of Appeal for Ontario recently considered an Ontario Superior Court judge’s decision regarding an insurer’s duty to defend in the context of a maintenance contract. In August 2013, a worker employed by the landscaping company Lafleur de la...
Automatic Vicarious Liability of Owner Only Applies to Accidents on Highways
November 22, 2017
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One of the first lessons that any student of personal injury law learns is that an owner of a motor vehicle is vicariously liable for the negligence of the vehicle’s operator. This vicarious liability is imposed by s. 192(2) of...
And the Times They Are A’Changing The Evolution of Insurance Coverage for Medical Marijuana – Update
November 3, 2017
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In our previous publication[1], we discussed the incremental extension of coverage for medical marijuana under various types of insurance benefit plans and recent caselaw regarding insurer funding for medical marijuana. By way of update, Skinner v. Board of Trustees of...
Intentional Acts, Artful Pleading and the Duty to Defend in British Columbia
October 18, 2017
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The recent Supreme Court of British Columbia case of Co-operators General Insurance Company v. Kane, 2017 BCSC 1720 confirms the broad manner in which British Columbia courts interpret the duty to defend, and the extent to which that duty can...
More on the MIG from the LAT
October 17, 2017
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The License Appeal Tribunal (LAT) has released a number of decisions dealing with the application Minor Injury Guideline (MIG) to injured persons. In a recent decision, T.S. v. Aviva General Insurance (17-000835/AABS), Adjudicator Christopher Ferguson was tasked with determining whether...
Pre-judgment Interest in the Court of Appeal
October 5, 2017
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The Ontario Court of Appeal decisions of Cobb v. Long Estate 2017 ONCA 717 and El-Khodr v. Lackie 2017 ONCA 716 now provide clarification on the application of the amendment to the rate of pre-judgment interest in s.258.3(8.1) of the...
Slip and Fall Case Dismissed on Summary Judgment Motion: No Objective Evidence of Unsafe Condition
October 2, 2017
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For 9 years, Marian Hamilton resided on the fourth floor of an apartment building in Toronto. In May 2012, at 67 years of age, she slipped and fell on the vinyl floored corridor near her unit She started a lawsuit against...
Case Comment: Ongoing Gatekeeping Duty of Trial Judge Regarding Expert Evidence Bruff-Murphy v. Gunawardena, 2017 ONCA 502
September 26, 2017
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The Ontario Court of Appeal has recently provided direction on the ongoing role of trial judges with respect to the admissibility of expert evidence at trial. As noted by Justice Hourigan “The law regarding expert witnesses has evolved considerably over...
Post-Accident Income Deductions for Self-employed Insureds: Is it better to earn than receive?
September 22, 2017
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In the long-waited appeal decision from the Financial Services Commission of Ontario (“FSCO”), Delegate Evans in Perth v. Surani (FSCO Appeal P16-00022) confirmed that a self-employed insured’s post-accident business income is deductible from their income replacement benefits for the purposes...
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.
