Clarity on Quantum of the Statutory Deductible and Pre-Judgment Interest?
Vickers v. Palacious, 2015 ONSC 7647, December 8, 2015, James, J. In this case, the Justice James was asked to address threshold, pre-judgment interest and the quantum of the statutory deductible. The plaintiff was a cyclist that was struck in...
Square Pegs in Round Holes: Adjusting Claims Involving Rideshare Drivers
CampusLifts. Haxi. Kangaride. Lyft. Sidecar. Summon. UberX. Wingz. Sound familiar? They are colloquially known as “rideshare” services or transportation network companies (TNC). TNC’s typically do not provide transportation services themselves. Instead, they provide an online-enabled platform to connect passengers with...
The Dominion of Canada General Insurance Company v. Certas Direct Insurance Company – Clarification of “regular use” in priority disputes
Author: Gabriel Flatt A new decision was just released regarding the definition of “regular use” for the purpose of priority disputes. Argued ably by Miller Thomson’s very own Nicholaus de Koning on behalf of Dominion, this decision helps clarify and...
Does Uber insure all of us? Uber Users Buyer Beware
The “sharing economy” is on the rise and there is little chance of ebbing its tide. Popular sharing services such as airbnb, Lyft, Zipcar, Car2go and AutoShare have been in business for almost a decade but UberX appears to be...
Case Comment: Hoang v. The Personal Insurance Company of Canada
Case Comment: Hoang v. The Personal Insurance Company of Canada Recently, the Ontario Superior Court of Justice considered indemnity and documentary disclosure obligations in the context of an action in which a plaintiff sought a declaration that the insurer of...
Cobb v. Long Estate, 2015 ONSC 6799, November 13, 2015
Following a four week jury trial, Justice Belch heard the plaintiff’s motion to settle terms of Judgment. The jury awarded $220,000 for all claims including $50,000 for past wage loss and $100,000 for future economic loss. After deducting collateral benefits...
Square Pegs in Round Holes: Adjusting Claims Involving Rideshare Drivers
CampusLifts. Haxi. Kangaride. Lyft. Sidecar. Summon. UberX. Wingz. Sound familiar? They are colloquially known as “rideshare” services or transportation network companies (TNC). TNC’s typically do not provide transportation services themselves. Instead, they provide an online-enabled platform to connect passengers with...
Insurers Continue Success with Limitation Period Defences
Following the Court of Appeal’s decisions in Sietzema v. Economical Insurance, 2014 ONCA 111 (CanLII), 118 O.R. (3d) 713 and Sagan v. Dominion of Canada General Insurance Company, 2014 ONCA 720 (CanLII), insurers have continued to see success with the...
Action for Underinsurance Coverage Dismissed where Insured Settled Florida Action for less than Available Limits
In a recently reported case, Kovacevic et al. v ING Insurance Company of Canada et al., 2015 ONSC 3415, the court has ruled that an insured may not settle an action for less than the tortfeasor’s available policy limits and...
Who’s an Expert?: The Last Word on Westerhof v. Gee Estate
Author: Caroline Meyer The Supreme Court recently denied leave to Appeal the Ontario Court of Appeal’s decision in Westerhof v. Gee, leaving the Court of Appeal’s decision as the final word on the important issue of the application of Rule...
