( Disponible en anglais seulement )
ONCA Reverses Matheson: No Husbandry Here
The Court of Appeal for Ontario has reversed the Superior Court’s decision in Matheson v. Lewis, finding that the plaintiff farmer’s Honda ATV was an off-road vehicle that required automobile insurance at the time of the accident. In Matheson, the...
( Disponible en anglais seulement )
Ontario Auto Policy Can’t Drag Alberta Defendants to Ontario
The Court of Appeal for Ontario has released a decision dealing with whether Ontario has jurisdiction over a case stemming from a motor vehicle accident in Alberta. In Tamminga v. Tamminga, an Ontario resident was injured when she fell off...
( Disponible en anglais seulement )
Laches Returns to Loss Transfer
Eight months ago, a Superior Court judge held that the equitable doctrine of laches does not apply to loss transfer claims. Three days ago, another Superior Court judge held that it does apply. And he applied it to bar a...
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Buyer’s Remorse Does Not Allow Plaintiff to Avoid Mediated Settlement
Morant v. Sun Life Assurance Company of Canada 2014 ONSC 2876 The plaintiff commenced an action against Sun Life seeking payment of LTD benefits. The action was settled at mediation. All parties were represented by counsel at the time the...
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ONCA Divided in Accident Benefits Nexus Case
In a 2-1 split, the Court of Appeal for Ontario has allowed an insurer’s appeal of a priority dispute case deciding whether any insurer of any kind, or only “motor vehicle liability insurers”, are obliged to pay accident benefits pending...
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Insurer can’t sue « Your and You »
The Ontario Superior Court has released a subrogation decision dealing with two interesting issues: Assessing a defendant’s negligence and the ability of an insurer to subrogate against its own unnamed insured. In Rochon v. Rochon, the defendant was the plaintiffs’...
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The Day The Dispute was Discovered…
Recently, the Ontario Superior Court of Justice considered the “discoverability principle” in the context of a dispute between insurers over which should pay damages arising out of a car accident in Economical Insurance v. Nationwide Mutual Insurance. In March of...
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Court Has Inherent Jurisdiction to Order “Non-Medical” Assessment but Defendants Must Show Assessment is Necessary for Trial Fairness Ziebenhous v. Bahlieda 2014 ONSC 138
In a decision released on April 2, 2014, the Divisional Court affirmed the Court has inherent authority to order a plaintiff to attend a “non-medical” assessment. The case dealt with two different actions where defendants had sought to have assessments...
( Disponible en anglais seulement )
ONSC « Permits » Insured’s Coverage Request
The Superior Court has released a new decision on whether an insured violated a statutory condition in the standard Ontario Automobile Policy. In O’Connell v. The Personal Insurance Company, the applicant’s girlfriend asked to borrow his vehicle, insured with The...
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Insurer Owes Duty of Good Faith, but Not Fiduciary Duty
Garneau v. Industrial Alliance 2014 ONSC 1495 Ms. Garneau was approved for LTD benefits. She then took a medical retirement. Her LTD insurer was not aware that Ms. Garneau began to receive a medical retirement pension, which was an off-set...
