ONCA Recognizes Invasion of Privacy Tort
The Ontario Court of Appeal has released its decision in Jones v. Tsige, finding that Ontario law does recognize a right to bring a civil action for damages for the invasion of personal privacy. In July 2009, the appellant, Sandra...
ONSC finds Broker failed to Offer Optional SABS Benefits Properly
The Ontario Superior Court has dismissed a plaintiff’s action against a broker, claiming the broker did not ‘properly’ offer him the chance to purchase optional income replacement benefits. In Zefferino v. Meloche Monnex Insurance, the plaintiff suffered personal injuries in...
ONCA Overturns Kusnierz; Restores Desbiens Approach
The Ontario Court of Appeal has given the Plaintiffs’ Bar a super Christmas present, as it released today its decision in Kusnierz v. Economical. The Court overturned the trial judge’s decision and, in doing so, significantly expanded the class of...
Facebook No Friend of Yet Another MVA Plaintiff
Another Ontario Superior Court judge has ordered an MVA plaintiff to preserve, print, and produce to the defendant her Facebook photographs. The plaintiff was involved in a motor vehicle accident on August 6, 2007. In her statement of claim, she...
Facebook No Friend of MVA Plaintiff
An Ontario Superior Court judge has ordered a plaintiff to re-attend an examination for discovery to answer questions about photographs of himself that he posted on his Facebook or MySpace pages. He also ordered the plaintiff to produce any such photographs...
Licensing Clinics Makes Sense
The Ontario Auto Insurance Anti-Fraud Task Force recently released its Interim Report. One of the more interesting discussions in the report is the recommendation to consider licensing health clinics. The Task Force found that in Ontario, there has been an...
Court of Appeal Upholds Mental Distress Award
The Court of Appeal recently rendered its decision in the McQueen v. Echelon General Insurance Co. [2011] O.J. No. 4563 (Ont CA) case. The plaintiff Janey McQueen was injured in a motor vehicle accident on January 31, 2004. She applied...
Facebook No Friend for FSCO Claimant
A FSCO arbitrator has ordered a claimant to produce to the insurer all photographs with her image posted to her Facebook profile (including any limited-access or private portion of her profile) for the period May 5, 2008 to May 5,...
Loss Transfer Limitation Cases Head to ONCA
The Court of Appeal for Ontario has granted the appeallants leave to appeal in two loss transfer matters: Federation v. Kingsway and ING v. Markel. The Court of Appeal will decide when the two-year limitation period for loss transfer matters starts...
Update: Insurer Must Defend G2 Licensed Drunk Driver
With reasons released today, the Court of Appeal has dismissed the insurer’s appeal. Tut v. RBC General Insurance Company, 2011 ONCA 644 (Originally posted June 29, 2011) Today’s Ontario Reports contained an interesting duty to defend decision from February 2011. In Tut...
