ONCA Case Means Plaintiffs Must Prove Policy Breach
The Ontario Court of Appeal has allowed an appeal of an Order dismissing the plaintiffs’ action against their excess carrier, made under the Family Protection Endorsement (OPCF 44R) on their auto policy. The OPCF 44R endorsement is intended to protect...
FSCO Arbitrator Calls Slip & Fall a Motor Vehicle Accident
FSCO Arbitrator Joyce Miller has ruled that a claimant who slipped on ice after exiting her car, and after walking around the front of the car toward the curb, was involved in a motor vehicle accident for the purpose of...
SCC Deals with Falling Trees; Falling Leaves
The Supreme Court of Canada released two leave to appeal judgments today of interest. One application for leave was granted. The other was dismissed: In Allstate v. Primmum, a resident of Ontario was injured when he was struck by a...
All Four Areas of Function Must Be Assessed Under Section 2(1.1)(g) – CAT Impairments
The Divisional Court has just released its decision in Pastore and Aviva Canada Inc. Anna Pastore was involved in a car accident on November 16, 2002. She suffered a fractured left ankle. She had numerous surgeries and ultimately applied for...
Invasion of Privacy Tort could Cause Insurers New Headaches
Ontario’s Court of Appeal will rule on whether there is a common law tort for invasion of privacy in the province. The case under appeal is called Jones v. Tsige (March 23, 2011). Sandra Jones and the Winnie Tsige worked...
Sony Data Breach Raises Insurance Issues
On April 19, 2011, Sony suffered a massive breach in its video game online network that led to the theft of names, addresses and possibly credit card data belonging to 77 million user accounts. The company could not rule out...
Girlfriend’s evidence can be “corroborative” under OPCF 44R
The Ontario Court of Appeal released a decision today discussing the meaning of “other material evidence” and “independent witness evidence” under the OPCF 44R (Family Protection Endorsement). In Pepe v. State Farm, Massimo Pepe was injured in a single-car accident. Shirley Aguirre,...
Limitations Act Does Not Apply to Priority Disputes
Markel and Co-operators (March 31, 2011 – Samis) Markel had not commenced arbitration within one year. It argued that the Limitations Act applies and not Ontario Regulation 283/95. Section 7 of Ontario Regulation 283/95 requires the insurer to initiate arbitration...
Public Transit Motor Vehicle Accidents about to Become Non-Accidents
UPDATE — Bill 173 received Royal Assent on May 12, 2011. Accordingly, these important changes to the Insurance Act are now in effect. On March 29, 2011, the Ontario Legislature unveiled its pre-election budget, in Bill 173, otherwise known as the...
Equine Insurance – Are You Covered?
Equine Consumers' Guide
