ONSC Dismisses Limitation Period Motion
The Ontario Superior Court has released a summary judgment decision in a motor vehicle accident tort action dealing with a limitation period issue. The decision appears to be the first of its kind since the Supreme Court of Canada’s decision...
Coverage Issues for Off-Road Vehicles
The Oatley McLeish Guide to Motor Vehicle Litigation, The Law Society of Upper Canada
ONCA Upholds Insurer’s Limitation Defence
The Court of Appeal for Ontario has upheld an insurer’s summary judgement motion, dismissing a claimant’s action against her accident benefits insurer because she missed the two-year limitation period. Tanya Sietzema was involved in a car accident November 11, 2005....
ONCA Sets Limitation Start Date for Underinsurance Claims
The Court of Appeal for Ontario has released a decision determining when the limitation period starts to run for underinsurance claims under the OPCF 44R (Family Protection Endorsement). In Schmitz v. Lombard, the plaintiff was struck by a vehicle in...
Transfer to Small Claims Court? I Don’t Think So…
In a recent decision in a personal injury action, a Superior Court Judge denied a plaintiff’s motion to transfer her action to Small Claims Court despite her assertion that her damages would properly be assessed under the $25,000 limit of...
Guaranteed Replacement Cost Coverage Denied When Insureds Decide to Relocate
March 11, 2009 – a disastrous day for Mr. and Mrs. Willoughby. Their home was destroyed by fire. And while they might have moved back and had their home rebuilt, they instead decided to relocate. This decision had a consequence...
Loss Transfer: When Indemnity is not a Slam Dunk
Without Prejudice
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Frankly Scarlett, You’ve Been MIG’ed
FSCO Director’s Delegate David Evans has allowed the insurer’s appeal in Arbitrator Wilson’s controversial MIG decision. Evans found that Wilson made a number or errors in reaching his conclusion that the claimant’s medical/rehabilitation benefits claims were not subject to the...
No Love in an Elevator – Superior Court Denies Plaintiff’s Occupiers’ Liability Claim
Recently, the Ontario Superior Court of Justice considered an elevator maintenance contractor’s liability under the Occupiers’ Liability Act in Green v. York Region Condominium Corporation No. 834, a case in which the Plaintiff, Sallie Green, claimed damages for injuries she...
Insurers Must Prioritise Priority
A new Superior Court case looks at the interesting interplay between accident benefits priority disputes, estoppel, and extra-provincial accidents. A pedestrian was struck by a truck on a highway in Alberta on September 21, 2007. He suffered catastrophic injuries as...
