FSCO Fails to Force Facilities to Face Forbearance for Fraud
A FSCO arbitrator has denied an insurer’s request to stay 15 arbitration proceedings while it pursues fraud claims against notorious clinics at the Superior Court. There are 15 unrelated arbitration matters with a common denominator: the involvement of Assessment Direct...
Limitation Periods and Bad Faith Claims For Failure to Settle
On March 22, 2012 the Ontario Court of Appeal released its reasons in Dundas v. Zurich Canada 2012 ONCA 181 in which the Court discusses the limitation period for bad faith actions against insurer, where right of action is assigned...
Revenge of the HTA Trial
Insurers (and plaintiffs) should take note of a recent Superior Court decision arising from an unusual tort trial. The defendant Randi Rumney rear-ended the plaintiff (Sabrina Reece) while she was riding her motorcycle. Prior to the collision, the plaintiff was...
FSCO: CPP Child Benefit Can’t Shrink IRB
FSCO Arbitrator Judith Killoran has ruled that child’s benefit payments under the Canada Pension Plan are not deductible from income replacement benefits. In Blakely v. State Farm, the parties agreed that a CPP disability pension benefit ws deducted from the...
When is an Application for Benefits Complete?
The Ontario Court of Appeal has released a new decision discussing the meaning of “completed application” for the purpose of triggering the 90-day notice period in section 3 of O. Reg. 283/95. In Ontario (Finance) v. Pilot Insurance, the Fund...
ONCA Recognizes Invasion of Privacy Tort
The Ontario Court of Appeal has released its decision in Jones v. Tsige, finding that Ontario law does recognize a right to bring a civil action for damages for the invasion of personal privacy. In July 2009, the appellant, Sandra...
ONSC finds Broker failed to Offer Optional SABS Benefits Properly
The Ontario Superior Court has dismissed a plaintiff’s action against a broker, claiming the broker did not ‘properly’ offer him the chance to purchase optional income replacement benefits. In Zefferino v. Meloche Monnex Insurance, the plaintiff suffered personal injuries in...
ONCA Overturns Kusnierz; Restores Desbiens Approach
The Ontario Court of Appeal has given the Plaintiffs’ Bar a super Christmas present, as it released today its decision in Kusnierz v. Economical. The Court overturned the trial judge’s decision and, in doing so, significantly expanded the class of...
Facebook No Friend of Yet Another MVA Plaintiff
Another Ontario Superior Court judge has ordered an MVA plaintiff to preserve, print, and produce to the defendant her Facebook photographs. The plaintiff was involved in a motor vehicle accident on August 6, 2007. In her statement of claim, she...
Facebook No Friend of MVA Plaintiff
An Ontario Superior Court judge has ordered a plaintiff to re-attend an examination for discovery to answer questions about photographs of himself that he posted on his Facebook or MySpace pages. He also ordered the plaintiff to produce any such photographs...
