Insurer’s Attempt to Short Circuit Dispute Resolution Process Shut Down
Those insurers frustrated by the delay in having an “accident” determination adjudicated under the dispute resolution process should take heed of the recent decision of Mr. Justice Sweeny in Ayr Farmers Mutual Insurance Company v. Wright, 2015 ONSC 6219. Mr....
Travel Expenses Awarded to Insurer
The recent FSCO Arbitration decision of Yeboah and Economical Mutual Insurance Company (FSCO File No. A11-003130, May 21, 2015) gives hope to insurers, and counsel for insurers, with respect to costs (referred to as “expenses” at FSCO). This hearing on expenses...
Case Comment – Heffernan Estate v. Lloyd’s Canada.
Today the Ontario Superior Court released its decision in the case of Heffernan Estate v. Lloyd’s Canada and considered whether an insurer has a duty to defend when the policy is limited in its express language to indemnification. Heffernan was...
Iannarella v. Corbett – the Master Class in Handling Surveillance in Litigation and at Trial
Insurance litigators will be interested in the recent Court of Appeal decision in Iannarella v. Corbett. The Court made comments with respect to liability in rear-end acidents and extensive comments on the use of surveillance in litigation and at trial. Facts On a...
Divisional Court Rules Accident Benefits Carrier No Interest in LTD Litigation
Atwi v. Certas Direct Insurance 2015 ONSC 2683 (DivCt) The plaintiff was involved in a motor vehicle accident. She claimed accident benefits from Certas, and long-term disability benefits from Manulife. Her claim for income replacement benefits was approved. The LTD...
SCC finds Nexus in Zurich v. Chubb
The Supreme Court of Canada has reversed the Ontario Court of Appeal’s decision in Zurich v. Chubb. The claimant was driving a Ford Windstar that she had rented from Wheels4Rent, a car rental agency. On September 23, 2006, she had...
PHIPA does not Protect Health Information Custodians from Lawsuits
The Court of Appeal for Ontario has held that a hospital can be sued (in a proposed class action) for a privacy breach. In Hopkins v. Kay, the class plaintiff alleged that her records as a patient at the Peterborough...
Delay in Coverage Decision Attracts Criticism from Ontario Court of Appeal
Mallory v. Werkman Estate 2015 ONCA 71, February 2, 2015 On February 6, 2005, three motorcycle drivers were racing. One of the drivers, Mr. Werkman, lost control and struck a car seriously injuring the driver, Mr. Mallory. Mr. Werkman died. ...
Duty of Loyalty Owed By Defence Counsel, Even with Reservation of Rights
Mallory v. Werkman Estate 2015 ONCA 71, February 2, 2015 On February 6, 2005, three motorcycle drivers were racing. One of the drivers, Mr. Werkman, lost control and struck a car seriously injuring the driver, Mr. Mallory. Mr. Werkman died. ...
Plaintiff Can Provide Corroborating Evidence of Change In Function
On January 22, 2015 the Ontario Court of Appeal released its reasons in the case of Gyorffy v. Drury. Since October 2003 plaintiffs in Ontario who seek an aware of general damages for injuries arising from a motor vehicle accident...
