The Unintentional Results of Intentionally Doing Doughnuts
Recently, the Ontario Court of Appeal considered an insurer’s obligation to indemnify its insured under an Ontario automobile policy in circumstances in which it was alleged that the insured intentionally caused harm to the Plaintiff. In Savage v. Belecque, the...
Bad Faith Claim Permitted After Expiration of Limitation Period
Recently, a Superior Court judge granted a motion to amend a Statement of Claim to allow the Plaintiffs to advance a claim against their home insurer for breach of its duty to act fairly and in good faith, as well...
Judge Puts Bad Faith Claims On The Roof
A Superior Court judge has granted an insurer’s summary judgment motion to dismiss claims for “breach of a contract of insurance, damages for wrongful infliction of mental distress, damages for bad faith on the part of the defendant insurance company...
More Clarification on the Meaning of “Economic Loss”
In the recent case of Simser and AVIVA (FSCO A11-004610, January 16, 2013), Arbitrator Lee was tasked with examining the meaning of “economic loss” as per s. 3(7)(e) of the Statutory Accident Benefits Schedule. The insured sought to have expert opinion evidence...
The Duty to Defend and Letters from the MOE
An insurer’s duty to defend claims is broader than its duty to indemnify. It is well established law in Canada that the determination of a duty to defend should be based upon a consideration of the pleadings and the policy...
Guilty Verdicts Matter
With the start of the new year comes a helpful reminder as to the significance of criminal and quasi-criminal verdicts in related civil proceedings. This is thanks to the Honourable Justice J. O’Connor who, on January 3, 2013, determined that...
Court Sends Accident Benefits Representative to Tort Discovery
A Superior Court master has ordered an accident benefits representative to submit to an examination for discovery in the plaintiff’s underinsured tort claim against his insurer. In De Sousa v. Aviva Insurance, the plaintiff was injured in a motor vehicle...
Director’s Delegate Agrees FSCO’s SDN is Deficient
Director’s Delegate Blackman released his appeal decision in Aviva Canada Inc. and Shamima Parveen and Joshua Fredric dismissing the appeal and upholding Arbitrator Alves earlier decision that a settlement can be rescinded outside of the two day cooling off period...
Court Denies Trip & Fall Claimant Accident Benefits
There is a new Superior Court decision determining whether a trip-and-fall incident is a “motor vehicle accident” for the purpose of claiming statutory accident benefits. In Dominion of Canada General Insurance Company v. Prest, the claimant was insured under a...
FSCO Arb: CAT Denial and Deficient OCF-9 Fail to Trigger Limitation
A FSCO arbitrator has ruled that an insurer’s denial of a catastrophic impairment application does not trigger a limitation period to dispute that determination. And in any event the prescribed OCF-9 form for denying the CAT determination was deficient. In...
