Defence Medical Reports Ordered to be Produced at FSCO
In the Sros (Elizabeth) Thi Thach v. State Farm Mutual Automobile Insurance Company, the applicant provided her experts in the AB claim with a copy of the defence medical reports completed in the companion tort action. She refused to produce a...
Man Attacked by Thugs was in Car “Accident”, Gets Benefits
An Ontario Superior Court judge has ruled that an accident benefits claimant, whose loss occurred when he was assaulted by thugs at a gas station, was involved in an “accident” for the purpose of the SABS. In Downer v. The...
FSCO Claimant Loses Missed 90-Day Limitation Period Appeal
FSCO has allowed an insurer’s appeal in a case over whether the claimant filed for arbitration too late. In Pilot v. Tyler, the insurer denied the claimant’s claim for non-earner benefits. Section 281.1 of the Insurance Act provides a two-year...
Holy Cow! ONCA Rules Domain Names are “Intangible Property”
The Ontario Court of Appeal has ruled that an Internet domain name is “intangible personal property”. The finding could have an impact on insurance coverage issues for “cyber property” claims in Ontario. In Tucows.Com Co. v. Lojas Renner S.A., Renner (a...
Judge Rejects NEB Claim; Plaintiff Qualified for IRBs
The Superior Court has released an interesting summary judgment decision about whether a claimant who was employed at the time of the accident – but not necessarily disabled from returning to work – could still qualify for a non-earner benefit...
Sony insurer challenges cyber liability claim; denies coverage
On May 6, 2011, we blogged about Sony’s unfortunate data breach incident, which exposed account data on close to 100 million individuals, and compromised over 12 million credit and debit cards. On July 20, 2011, Zurich Insurance issued a Complaint...
Arbitration Stayed Until The Applicant Attends Insurer’s Examination
In the Gonsalves and Certas Direct Insurance Company case, (Divisional Court – July 13, 2011, Court File No. 87/10) the respondent, Denise Gonsalves sought payment of a non-earner benefit from Certas. The arbitration was scheduled to commence on September 21,...
Trial Needed to see the Black Forest Hamm for the Trees
The Ontario Superior Court has denied a tort defendant’s summary judgment motion to dismiss the plaintiff’s claim for damages on the basis that he was driving without insurance at the time of a motor vehicle accident. In Black v. Hamm,...
Insurer Must Defend G2 Licensed Drunk Driver
Today’s Ontario Reports contained an interesting duty to defend decision from February 2011. In Tut v. RBC Insurance, the applicant sought a declaration that the respondent RBC Insurance owed them a duty to defend the allegations of negligence made against...
OCA Allows Appeal in Sutherland v. Singh
The Ontario Court of Appeal released its decision today in Sutherland v. Singh. In Sutherland, the claimant was eligible to receive income replacement benefits and caregiver benefits. His accident benefits insurer sent him an OCF-10 election form, requiring him to...
