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2014 Attendant Care Amendments Not Retroactive
On October 27, 2014 Quinlan, J. rendered a decision in Davis v. Wawanesa Mutual Insurance Company, 2015 ONSC 6624. The Plaintiff sought a determination before trial with respect to whether section 2 of Ontario Regulation 347/13, effective February 1, 2014,...
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Court of Appeal Finds Break in Chain for Loss Transfer
On October 20, 2015, the Court of Appeal rendered its decision in State Farm Automobile Insurance Company v. Old Republic Insurance Company of Canada, 2015 ONCA 699. The decision involved the correct interpretation of subsection 9(4) of the Fault Determination...
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Insurer’s Attempt to Short Circuit Dispute Resolution Process Shut Down
Those insurers frustrated by the delay in having an “accident” determination adjudicated under the dispute resolution process should take heed of the recent decision of Mr. Justice Sweeny in Ayr Farmers Mutual Insurance Company v. Wright, 2015 ONSC 6219. Mr....
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Not Just Another Crash Test – Singing Those Black Box Blues
Kitchener-Waterloo OIAA Bulletin
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Travel Expenses Awarded to Insurer
The recent FSCO Arbitration decision of Yeboah and Economical Mutual Insurance Company (FSCO File No. A11-003130, May 21, 2015) gives hope to insurers, and counsel for insurers, with respect to costs (referred to as “expenses” at FSCO). This hearing on expenses...
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Case Comment – Heffernan Estate v. Lloyd’s Canada.
Today the Ontario Superior Court released its decision in the case of Heffernan Estate v. Lloyd’s Canada and considered whether an insurer has a duty to defend when the policy is limited in its express language to indemnification. Heffernan was...
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Iannarella v. Corbett – the Master Class in Handling Surveillance in Litigation and at Trial
Insurance litigators will be interested in the recent Court of Appeal decision in Iannarella v. Corbett. The Court made comments with respect to liability in rear-end acidents and extensive comments on the use of surveillance in litigation and at trial. Facts On a...
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Counsel-Expert Communications: Everything Old is New Again
In December 2014, we had left off with the Ontario Superior Court, in Moore v Getahun[1] (“Getahun”), having decided that the historically accepted practice of counsel reviewing drafts of their expert’s reports should stop, and that all instructions provided by...
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Absence of Statutory Warning turns Victory for the Vehicle Leasing Industry into Loss for the Insurer
In the province of British Columbia, vehicle owners, including leasing and rental companies, are vicariously liable for the negligence of permissive drivers of their vehicles. Damages recoverable against lessors, however, are capped by statute at CDN $1 million (a provision...
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Divisional Court Rules Accident Benefits Carrier No Interest in LTD Litigation
Atwi v. Certas Direct Insurance 2015 ONSC 2683 (DivCt) The plaintiff was involved in a motor vehicle accident. She claimed accident benefits from Certas, and long-term disability benefits from Manulife. Her claim for income replacement benefits was approved. The LTD...
