Neuropsychological Assessment Is One Assessment Not Two
In a January 11, 2017 decision, Nicole Breadner v. Co-operators General Insurance Company, A15-005120, Arbitrator Caroline King of FSCO found that a neuropsychological assessment is one assessment, not two; therefore capping the amount payable in relation to the OCF-18 at...
Divisional Court Addresses Prejudgment Interest Rate
Although the recent decision of the Divisional Court in Carr v. Modi was mentioned in our previous blog, the decision warrants further commentary. This decision provides much needed clarity on the proper rate to be used when calculating prejudgment interest...
Insurance Law 2016: The Year in Review and a Look Ahead
The authors of MT Insurance Law Blog strive to provide our readers insight into changes and emerging trends in Canadian insurance litigation. As this year comes to an end, it is a good time to look back at 2016 and...
Court Dismisses Claim in which Broker Issues Policy with Incorrect Model of Vehicle
In the recent case Routh Chovaz Insurance Brokers Inc. v. Aviva Insurance Company of Canada, 2016 ONSC 2567, the court granted summary judgment to Aviva, dismissing an action brought by an insurance broker. The case concerned the insurance policy of...
Production of Insurer’s File
In Alofs v Blake, Cassels & Graydon, an insurer paid out a director’s liability claim and then commenced a subrogated action against the lawyers that structured the deal that lead to the director’s liability claim. The law firm, in defending...
Sidewalks, Driveway Aprons & Pedestrians
You have all been faced with the situation as to who is responsible for maintenance of sidewalks adjacent to an insured’s property and the portion of the driveway that is beyond the sidewalk adjacent to the municipality’s roadway. The caselaw ...
Insurer May Not Deny Coverage for Business Losses, Even When Another Party Is Liable To Pay
In the recent decision in 2224981 Ontario Inc. v. Intact Insurance Company, 2016 ONCA 870, the Ontario Court of Appeal dismissed an appeal from an insurer that had sought to deny coverage to their insured for business losses due to...
Is the Courtroom Door Open or Closed?
By way of update to our October 8, 2015 blog featuring Ayr Farmers Mutual v. Wright: “Insurer’s Attempt to Short Circuit Dispute Resolution Process Shut Down”, the insurer’s appeal was dismissed by the Court of Appeal on all grounds October...
When does Interest Start in Delayed CAT Benefit Disputes?
The Court of Appeal recently considered the issue of when interest starts to accrue under the Statutory Accident Benefits Schedule in situations where there is a disputed catastrophic impairment designation (“CAT”). In Van Galder v Economical, the insurer paid attendant...
Cyber Insurance 101: Why Cyber Risk Policies are Taking Off
Although they have been around for over a decade, it is only recently that an increasing number of organizations accept cyber-incident insurance as a necessary business expense. According to the Ponemon Institute, a leading think tank that tracks and quantifies...
