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MT Insurance Law Blog
Court of Appeal: PJI/Deductible/Costs Changes are Retroactive, SABS fully deductible and Punitive Damages not Appropriate
September 20, 2017
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On September 19th, 2017, the Ontario Court of Appeal released it’s much anticipated decision on whether or not changes to how pre-judgment interest is calculated would be a retroactive change or not. The Court also adjudicated upon a number of...
Improper Excluded Driver Forms Can Still Be Enforceable
September 7, 2017
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The Ontario Court of Appeal, in Royal & Sun Alliance Insurance Company of Canada v. Intact Insurance Company (“RSA v. Intact”)[1], recently addressed the manner in which the OPCF 28A excluded driver form may be issued by the insurer. In...
Mental Injury and Negligence Law – Recognized Psychiatric Illness Not Required
August 31, 2017
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In the recent decision of Saadati v. Moorhead, 2017 SCC 28 (CanLII), the Supreme Court of Canada rejected the argument that claims for mental injury are subject to a different test than claims for physical injury, holding that the law...
Sharing is Caring – Or is it?
August 10, 2017
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There is no doubt about it – the sharing economy is here to stay. A recent report authored by the Insurance Institute of Canada concludes that the sharing economy will only increase in size and influence. This is due to...
Snowball v Ornge: Court Leaves the Door Open for Secondary Victim Claims
August 3, 2017
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On May 31, 2013, Christopher Snowball was tragically killed while operating a helicopter for his employer, Ornge. As a result of the incident, his family commenced an action against Ornge for damages. In addition to claiming damages under s. 61...
Third-Party Claim: Is It Out Of Time?
July 28, 2017
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Third party proceedings can be an efficient, and cost-effective way of adding parties and any related claims arising from the same set of facts. Rule 29.02 provides the time constraints for when third party claims must be issued: within ten...
The Times They Are a Changing – The Evolution of Insurance Coverage for Medical Marijuana
July 24, 2017
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As we celebrate the 50th Anniversary of the Summer of Love (1967-2017), listening to vinyl/download versions of Jefferson Airplane, Janis Joplin and the Grateful Dead, it is clear some aspects of counter-culture have become mainstream. With the advent of new...
No Costs in LAT Proceeding, Despite Unreasonable Conduct from Counsel
July 21, 2017
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A recent decision of the License Appeal Tribunal (“LAT”) shows the difficulty for first party insurers to get costs awarded in accident benefits proceedings at the LAT. In 16-000546 v. Primmum Insurance Company, 2017 CanLII 46355 (ON LAT), the Tribunal...
An Apt Decision: Ontario Court of Appeal Overturns Limitation Period Ruling
July 14, 2017
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Introduction A recent Ontario Court of Appeal decision determined that a personal injury claim arising from the alleged disrepair of a residential rental unit is not constrained by the one-year limitation period prescribed by the Residential Tenancies Act, 2006[1] (“RTA”)....
No Causation, No Accident
July 11, 2017
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Two recent decisions from the Financial Services Commission of Ontario (FSCO) have dealt with determining whether or not the Applicants were involved in an “accident” as defined in section 3(1) of the Statutory Accident Benefits Schedule – Effective September 1,...
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.
