The Day The Dispute was Discovered…
Recently, the Ontario Superior Court of Justice considered the “discoverability principle” in the context of a dispute between insurers over which should pay damages arising out of a car accident in Economical Insurance v. Nationwide Mutual Insurance. In March of...
Court Has Inherent Jurisdiction to Order “Non-Medical” Assessment but Defendants Must Show Assessment is Necessary for Trial Fairness Ziebenhous v. Bahlieda 2014 ONSC 138
In a decision released on April 2, 2014, the Divisional Court affirmed the Court has inherent authority to order a plaintiff to attend a “non-medical” assessment. The case dealt with two different actions where defendants had sought to have assessments...
ONSC “Permits” Insured’s Coverage Request
The Superior Court has released a new decision on whether an insured violated a statutory condition in the standard Ontario Automobile Policy. In O’Connell v. The Personal Insurance Company, the applicant’s girlfriend asked to borrow his vehicle, insured with The...
Insurer Owes Duty of Good Faith, but Not Fiduciary Duty
Garneau v. Industrial Alliance 2014 ONSC 1495 Ms. Garneau was approved for LTD benefits. She then took a medical retirement. Her LTD insurer was not aware that Ms. Garneau began to receive a medical retirement pension, which was an off-set...
Court Denies Pot Plant Theft Claim
The Ontario Divisional Court has dismissed an appeal in an insurance case over stolen marijuana plants, but for different reasons than the original decision. In Stewart v. TD Insurance, the plaintiffs insured the contents of their residence under a policy...
ONSC Dismisses Limitation Period Motion
The Ontario Superior Court has released a summary judgment decision in a motor vehicle accident tort action dealing with a limitation period issue. The decision appears to be the first of its kind since the Supreme Court of Canada’s decision...
ONCA Upholds Insurer’s Limitation Defence
The Court of Appeal for Ontario has upheld an insurer’s summary judgement motion, dismissing a claimant’s action against her accident benefits insurer because she missed the two-year limitation period. Tanya Sietzema was involved in a car accident November 11, 2005....
ONCA Sets Limitation Start Date for Underinsurance Claims
The Court of Appeal for Ontario has released a decision determining when the limitation period starts to run for underinsurance claims under the OPCF 44R (Family Protection Endorsement). In Schmitz v. Lombard, the plaintiff was struck by a vehicle in...
Transfer to Small Claims Court? I Don’t Think So…
In a recent decision in a personal injury action, a Superior Court Judge denied a plaintiff’s motion to transfer her action to Small Claims Court despite her assertion that her damages would properly be assessed under the $25,000 limit of...
Guaranteed Replacement Cost Coverage Denied When Insureds Decide to Relocate
March 11, 2009 – a disastrous day for Mr. and Mrs. Willoughby. Their home was destroyed by fire. And while they might have moved back and had their home rebuilt, they instead decided to relocate. This decision had a consequence...
