SCC Rules Tree Falling on Car was MVA
The Supreme Court of Canada has ruled that a person was involved in a “motor vehicle accident” when a tree fell on his parked car and killed him. In City of Westmount v. Richard Rossy et al., a tree collapsed...
What does “Authorized by Law” to Drive Mean?
The Court of Appeal for Ontario has released a decision interpreting the meaning of the phrase “authorized by law” in s. 4(1) of O. Reg. 777/93 (Statutory Condition 4 in the OAP). In Kereluik v. Jevco, the insured Kereluik was...
ONCA Affirms Start Date of OPCF 44R Limitation Period
The Court of Appeal for Ontario has affirmed that the limitation period in section 17 of the OPCF 44R (Family Protection Endorsement) starts from when the plaintiff has a body of evidence accumulated that would give him a “reasonable chance”...
Court Denies Plaintiff “Peace of Mind” SABS Declaration
A Superior Court judge has denied an accident benefits plaintiff a “peace of mind” declaration she sought with respect to her claim for income replacement benefits. The decision is interesting as it appears that the plaintiff might have been categorized...
Parveen and AVIVA: Practical steps for settlement of AB Claims
Since the Parveen and AVIVA decision (and its companion Fredric and AVIVA) was published on March 30, 2012 there has been considerable confusion regarding the adequacy of the Settlement Disclosure Notice (“SDN”). Prior to that time, the SDN has been understood to have...
Supreme Court Declines to Hear Case Regarding Liability of Road Authority
On May 3, 2012, the Supreme Court of Canada dismissed an application for leave to appeal the dismissal of an action seeking damages for alleged negligent road maintenance [Morsi v. Fermar Paving Limited et al, SCC 34515]. The claim arose...
Insurer Must Pay Stripper Pole Benefits
Yesterday the Ontario Divisional Court unanimously upheld FSCO’s decisions in Whipple v. Economical (affectionately known as the “stripper pole” case). In Whipple, the claimant and his golf buddies were returning via Interstate 90 from a day of golfing in New...
Ontario Court of Appeal Rules Husband Found Not Criminally Responsible for Wife’s Death Entitled to Life Insurance Proceeds
A husband and wife separated in 1992. In 1998 the husband took out a life insurance policy on his wife. In 2006 he killed his wife. He was charged with second degree murder. At trial was found not criminally responsible....
FSCO’s Settlement Disclosure Notice Overruled by FSCO
FSCO Arbitrator Suesan Alves has ruled that the (FSCO) prescribed Settlement Disclosure Notice might be inadequate to effect settlement. In Parveen v. Aviva, a preliminary issue was whether Ms. Parveen had rescinded her accident benefits settlement and was entitled to move to arbitration....
ONCA Sets Limitation Period for Loss Transfer Claims
The Court of Appeal for Ontario has clarified the limitation period law for loss transfer arbitrations. The issue before the Court was whether the limitation period to initiate arbitration starts the day after the first party insurer sends a loss...
