( Disponible en anglais seulement )
Woman falling before Taxi Ride not in Car « Accident »
A Superior Court judge has ruled against a plaintiff seeking to claim accident benefits from tripping/falling on her way to get into a parked taxi. In Barros v. Shah, the plaintiff was planning to go with her daughter (Maria Oliveira)...
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FSCO Appeal Pockets Automobile Claim
FSCO has allowed the insurer’s appeal in a controversial decision about whether a pocket bike was an « automobile ». In Bouchard v. Motors, Cassondra Bouchard had a friend named Kristin Stratton, who owned a couple of pocket bikes (described as gas powered...
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Claimant Collects Complete (Attendant) Care Claims
In the Henry and Gore Mutual Insurance Company case, the applicant, Mr. Henry brought an application pursuant to Rule 14.05(d) and (h) to determine a dispute with respect to quantum of attendant care payable to an insured for services rendered...
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SCC Rules Tree Falling on Car was MVA
The Supreme Court of Canada has ruled that a person was involved in a « motor vehicle accident » when a tree fell on his parked car and killed him. In City of Westmount v. Richard Rossy et al., a tree collapsed...
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When a Horse Purchase Goes Awry
The Lawyers Weekly
Buying a horse is an exciting event. Buyers dream of future horse show wins or long trail rides. For sellers, it may be the culmination of years of training and investment. However, sales can go awry and lead to litigation....
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What does « Authorized by Law » to Drive Mean?
The Court of Appeal for Ontario has released a decision interpreting the meaning of the phrase “authorized by law” in s. 4(1) of O. Reg. 777/93 (Statutory Condition 4 in the OAP). In Kereluik v. Jevco, the insured Kereluik was...
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ONCA Affirms Start Date of OPCF 44R Limitation Period
The Court of Appeal for Ontario has affirmed that the limitation period in section 17 of the OPCF 44R (Family Protection Endorsement) starts from when the plaintiff has a body of evidence accumulated that would give him a “reasonable chance”...
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Court Denies Plaintiff “Peace of Mind” SABS Declaration
A Superior Court judge has denied an accident benefits plaintiff a “peace of mind” declaration she sought with respect to her claim for income replacement benefits. The decision is interesting as it appears that the plaintiff might have been categorized...
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Parveen and AVIVA: Practical steps for settlement of AB Claims
Since the Parveen and AVIVA decision (and its companion Fredric and AVIVA) was published on March 30, 2012 there has been considerable confusion regarding the adequacy of the Settlement Disclosure Notice (“SDN”). Prior to that time, the SDN has been understood to have...
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Supreme Court Declines to Hear Case Regarding Liability of Road Authority
On May 3, 2012, the Supreme Court of Canada dismissed an application for leave to appeal the dismissal of an action seeking damages for alleged negligent road maintenance [Morsi v. Fermar Paving Limited et al, SCC 34515]. The claim arose...
