When is an LTD Claim Not an Insurance Claim? When it’s a Labour Dispute
Overview The Ontario Court of Appeal recently confirmed that a dispute about the termination of long-term disability (“LTD”) benefits could not proceed by way of an action. The plaintiff’s employment was subject to a Collective Agreement between the plaintiff’s employer and...
Ghost Writing in Medical Reports: Something to be Scared Of?
In the case of Kushnir v Macari, the defendant sought an order for defence medicals with an orthopedic surgeon and a neuropsychologist. The plaintiff sought terms to ensure that the reports were not “ghost written”. The court noted that there...
New Driverless Car Bill Introduced in U.K.
A new Vehicle Technology and Aviation Bill has been introduced in the U.K. to address some of the challenges arising with use of autonomous vehicles and which traditional insurance policies cannot respond to. The Bill provides comprehensive insurance coverage to...
Non-compliance with a Tribunal Order may cost you.
The License Appeal Tribunal (the LAT) has found that an insurer’s failure to comply with a production Order from the Tribunal is unreasonable conduct and must be deterred. In B.F. v. Wawanesa Mutual Insurance Company, 2017 CanLII 9821 (ON LAT),...
Dog Walkers – Beware!
In the January 2017 Ontario Court of Appeal decision of Wilk v. Arbour, the Court was asked to determine when a person is considered to be in possession of a dog for the purposes of the Dog Owners’ Liability Act,...
Equine Insurance: Understanding the Fine Print of your Policy
Canada's Equine Guide 2017
All horse owners and riders know that equine activities can be dangerous. Despite best efforts to stay safe around horses, accidents happen. When an accident occurs, insurance coverage may be available to respond to the injury or property damages.
LAT is not the only option for CAT disputes after April 1, 2016
Director’s Delegate Evans has decided that issues can be added to an existing FSCO arbitration after April 1, 2016 instead of commencing an application at the LAT, when the issues to be added “necessarily arise from the issues already in...
Neuropsychological Assessment Is One Assessment Not Two
In a January 11, 2017 decision, Nicole Breadner v. Co-operators General Insurance Company, A15-005120, Arbitrator Caroline King of FSCO found that a neuropsychological assessment is one assessment, not two; therefore capping the amount payable in relation to the OCF-18 at...
Divisional Court Addresses Prejudgment Interest Rate
Although the recent decision of the Divisional Court in Carr v. Modi was mentioned in our previous blog, the decision warrants further commentary. This decision provides much needed clarity on the proper rate to be used when calculating prejudgment interest...
Insurance Law 2016: The Year in Review and a Look Ahead
The authors of MT Insurance Law Blog strive to provide our readers insight into changes and emerging trends in Canadian insurance litigation. As this year comes to an end, it is a good time to look back at 2016 and...
