Post-Accident Income Deductions for Self-employed Insureds: Is it better to earn than receive?
In the long-waited appeal decision from the Financial Services Commission of Ontario (“FSCO”), Delegate Evans in Perth v. Surani (FSCO Appeal P16-00022) confirmed that a self-employed insured’s post-accident business income is deductible from their income replacement benefits for the purposes...
Court of Appeal: PJI/Deductible/Costs Changes are Retroactive, SABS fully deductible and Punitive Damages not Appropriate
On September 19th, 2017, the Ontario Court of Appeal released it’s much anticipated decision on whether or not changes to how pre-judgment interest is calculated would be a retroactive change or not. The Court also adjudicated upon a number of...
Improper Excluded Driver Forms Can Still Be Enforceable
The Ontario Court of Appeal, in Royal & Sun Alliance Insurance Company of Canada v. Intact Insurance Company (“RSA v. Intact”)[1], recently addressed the manner in which the OPCF 28A excluded driver form may be issued by the insurer. In...
Mental Injury and Negligence Law – Recognized Psychiatric Illness Not Required
In the recent decision of Saadati v. Moorhead, 2017 SCC 28 (CanLII), the Supreme Court of Canada rejected the argument that claims for mental injury are subject to a different test than claims for physical injury, holding that the law...
Sharing is Caring – Or is it?
There is no doubt about it – the sharing economy is here to stay. A recent report authored by the Insurance Institute of Canada concludes that the sharing economy will only increase in size and influence. This is due to...
Snowball v Ornge: Court Leaves the Door Open for Secondary Victim Claims
On May 31, 2013, Christopher Snowball was tragically killed while operating a helicopter for his employer, Ornge. As a result of the incident, his family commenced an action against Ornge for damages. In addition to claiming damages under s. 61...
Third-Party Claim: Is It Out Of Time?
Third party proceedings can be an efficient, and cost-effective way of adding parties and any related claims arising from the same set of facts. Rule 29.02 provides the time constraints for when third party claims must be issued: within ten...
The Times They Are a Changing – The Evolution of Insurance Coverage for Medical Marijuana
As we celebrate the 50th Anniversary of the Summer of Love (1967-2017), listening to vinyl/download versions of Jefferson Airplane, Janis Joplin and the Grateful Dead, it is clear some aspects of counter-culture have become mainstream. With the advent of new...
No Costs in LAT Proceeding, Despite Unreasonable Conduct from Counsel
A recent decision of the License Appeal Tribunal (“LAT”) shows the difficulty for first party insurers to get costs awarded in accident benefits proceedings at the LAT. In 16-000546 v. Primmum Insurance Company, 2017 CanLII 46355 (ON LAT), the Tribunal...
An Apt Decision: Ontario Court of Appeal Overturns Limitation Period Ruling
Introduction A recent Ontario Court of Appeal decision determined that a personal injury claim arising from the alleged disrepair of a residential rental unit is not constrained by the one-year limitation period prescribed by the Residential Tenancies Act, 2006[1] (“RTA”)....
