Licensing Clinics Makes Sense
The Ontario Auto Insurance Anti-Fraud Task Force recently released its Interim Report. One of the more interesting discussions in the report is the recommendation to consider licensing health clinics. The Task Force found that in Ontario, there has been an...
Court of Appeal Upholds Mental Distress Award
The Court of Appeal recently rendered its decision in the McQueen v. Echelon General Insurance Co. [2011] O.J. No. 4563 (Ont CA) case. The plaintiff Janey McQueen was injured in a motor vehicle accident on January 31, 2004. She applied...
Facebook No Friend for FSCO Claimant
A FSCO arbitrator has ordered a claimant to produce to the insurer all photographs with her image posted to her Facebook profile (including any limited-access or private portion of her profile) for the period May 5, 2008 to May 5,...
Loss Transfer Limitation Cases Head to ONCA
The Court of Appeal for Ontario has granted the appeallants leave to appeal in two loss transfer matters: Federation v. Kingsway and ING v. Markel. The Court of Appeal will decide when the two-year limitation period for loss transfer matters starts...
Update: Insurer Must Defend G2 Licensed Drunk Driver
With reasons released today, the Court of Appeal has dismissed the insurer’s appeal. Tut v. RBC General Insurance Company, 2011 ONCA 644 (Originally posted June 29, 2011) Today’s Ontario Reports contained an interesting duty to defend decision from February 2011. In Tut...
Duty to Defend Goes Too Far?
Damon Tedford was being sued in regard to certain representations he made on a seller property information sheet by the person to whom he sold property in Ottawa. He submitted the claim to his insurer (TD Insurance — The decision...
FSCO Allows Insurer’s Appeal over WSIB Issues
A FSCO Director’s Delegate has allowed an insurer’s appeal of an arbitrator’s decision, which allowed the claimant to pursue accident benefits despite an unsettled WSIB claim. In Balendra v. Security National, the claimant was working as a parking lot attendant...
FSCO: Man Injured while Repairing Vehicle not in “Accident”
A FSCO arbitrator has ruled that a man who fell off a truck while repairing it was not involved in a motor vehicle accident for the purpose of receiving accident benefits. In Olesiuk v. Kingsway, John Earl Olesiuk was injured...
ONCA: Single Vehicle Accident Caused Solely by Driver’s “Recklessness”
The Ontario Court of Appeal has just released a decision overturning the trial judge’s findings of liability in a single car motor vehicle accident. In Morsi v. Fermar Paving, Mark Morsi died in a single vehicle accident. His family sued...
Consumers Slow to Add New Optional SABS Coverages
FSCO’s August 30, 2011 Auto e-Newsletter contained the results of a survey the Commission conducted to find out whether consumers were buying the optional benefits available under the new SABS (policies issued/renewed on or after September 1, 2010). The results are...
