Heiner v. Pasha et al.: Claiming Diminished Value Under Ontario’s OAP1 Auto Policy – Redux
We recently blogged about the Small Claims Court decision in Renwick v. Allstate Insurance Company of Canada.[1] The case dealt with an insurer’s motion to dismiss a lawsuit on the basis that an insured’s claim for “diminished value”[2] under an...
Commencement of Limitation Periods in Threshold Claims
Recently, the Ontario Superior Court of Justice considered when limitation periods begin to run in tort actions arising out of motor vehicle accidents in Schaefer v. Ayeneababa, 2016 ONSC 3673. The Plaintiff was involved in an accident on June 24,...
Disability Certificate Not Enough to Determine Eligibility for IRB
In an October 3, 2016 preliminary issue hearing (16-000063 v. Dominion of Canada General Insurance Company, 2016 CanLII 67139), Adjudicator Marzinotto of the License Appeal Tribunal allowed an applicant to proceed to a hearing disputing both entitlement to Income Replacement...
Small-Town Garage Liable for Crash Involving Vehicle Stolen from its Premises
The Village of Paisley, population 1,100, is situated in the heart of Bruce County. Until recently, its claim to fame was its annual Beef Fest held every August. Recently, the Ontario Court of Appeal cast a spotlight on this quiet...
Court Ordered Defence Medicals
In the recently reported case of Daggitt v. Campbell[i], the Court reviews the requirements for a Court ordered defence medical pursuant to Section 105 of the Courts of Justice Act and Rule 33 of the Rules of Civil Procedure. In...
Aviva v. McKeown, 2016 ONSC 6017, September 26, 2016 – Sufficiency of reasons for an EUO: Is it better to give than it is to receive?
A test application was brought before the court on the issue of “whether a justification is required” to compel a person (in this case, six claimants from five accidents, all represented by the same counsel) to attend an Examination under...
Insureds Claiming “Diminished Value” Damages under Ontario’s OAP1 Auto Policy [1]
“Does “damages” in its various manifestations in the OAP, the [Insurance] Act and the Statutory Conditions include Diminished Value? Is …[an insured] estopped from claiming Diminished Value? Is this a contractual claim defined by the statutory policy or does the...
Slip & Fall Season and Recreational Trails – Franklin et. al. v The City of Greater Sudbury, 2016 ONSC 4739 (CanLII)
Slip and fall season is fast approaching, much to the dismay of many. Still, with winter comes breathtaking snow falls, making for picture walks along recreational trails, and otherwise within our communities. What happens when we fall on one of...
Threshold Motion and Chronic Pain: Arteaga v. Poirier, 2016 ONSC 3712
A recent case highlights the importance of having expert evidence a trials involving complaints of chronic pain. Justice DiTomaso concluded on the threshold motion that the Plaintiff, Ms. Eliana Arteaga, had sustained a permanent and serious impairment despite MRI reports...
Costs in the LAT
The recent Thompson v. Intact Insurance[1] decision of the License Appeal Tribunal (the “Tribunal”) confirmed the Tribunal’s jurisdiction over costs on an issue resolved in advance of the case conference. The Tribunal looked to both the LAT Rules of Practice...
