Beam Me Up Some Attendant Care
Service providers can potentially provide attendant care from across the planet, according to a new Superior Court decision inShawnoo v. Certas Direct Insurance Company. Text messaging, Face Timing, emailing and telephone calls can all qualify as the provision of attendant...
Possession is Still 9/10ths of the Law
The Superior Court has released a decision dealing with whether an owner of an ATV can be held vicariously liable for a driver’s negligence, even though no consent was given to operate the vehicle. In Fernandes v Araujo, Fernandes was...
Successful Motion Confirms Defendant’s Right to Prepare Insurer Examiners for Trial
In the context of insurer examinations under the Statutory Accident Benefits Schedule (“Schedule”), the Superior Court has found that for the purpose of trial preparation, a Plaintiff’s consent is not required for Defendant’s counsel to meet with the examiners. In...
Loss Transfer Limitation Rolls Along
The Superior Court has upheld an arbitrator’s decision, finding that loss transfer is subject to a two-year rolling limitation period. In Economical v. Zurich, the claimant was driving a car and was involved in a motor vehicle accident with a dump...
ONCA Reverses Matheson: No Husbandry Here
The Court of Appeal for Ontario has reversed the Superior Court’s decision in Matheson v. Lewis, finding that the plaintiff farmer’s Honda ATV was an off-road vehicle that required automobile insurance at the time of the accident. In Matheson, the...
Ontario Auto Policy Can’t Drag Alberta Defendants to Ontario
The Court of Appeal for Ontario has released a decision dealing with whether Ontario has jurisdiction over a case stemming from a motor vehicle accident in Alberta. In Tamminga v. Tamminga, an Ontario resident was injured when she fell off...
Laches Returns to Loss Transfer
Eight months ago, a Superior Court judge held that the equitable doctrine of laches does not apply to loss transfer claims. Three days ago, another Superior Court judge held that it does apply. And he applied it to bar a...
Buyer’s Remorse Does Not Allow Plaintiff to Avoid Mediated Settlement
Morant v. Sun Life Assurance Company of Canada 2014 ONSC 2876 The plaintiff commenced an action against Sun Life seeking payment of LTD benefits. The action was settled at mediation. All parties were represented by counsel at the time the...
ONCA Divided in Accident Benefits Nexus Case
In a 2-1 split, the Court of Appeal for Ontario has allowed an insurer’s appeal of a priority dispute case deciding whether any insurer of any kind, or only “motor vehicle liability insurers”, are obliged to pay accident benefits pending...
Insurer can’t sue “Your and You”
The Ontario Superior Court has released a subrogation decision dealing with two interesting issues: Assessing a defendant’s negligence and the ability of an insurer to subrogate against its own unnamed insured. In Rochon v. Rochon, the defendant was the plaintiffs’...
