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Limitations Act Does Not Apply to Priority Disputes
Markel and Co-operators (March 31, 2011 – Samis) Markel had not commenced arbitration within one year. It argued that the Limitations Act applies and not Ontario Regulation 283/95. Section 7 of Ontario Regulation 283/95 requires the insurer to initiate arbitration...
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Public Transit Motor Vehicle Accidents about to Become Non-Accidents
UPDATE — Bill 173 received Royal Assent on May 12, 2011. Accordingly, these important changes to the Insurance Act are now in effect. On March 29, 2011, the Ontario Legislature unveiled its pre-election budget, in Bill 173, otherwise known as the...
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Jones v. Jenkins: Case Comment – Adjusters Beware
OIAA
Take heed. An Ontario Court Judge has recently found that a settlement agreement entered into between an adjuster and an injured Plaintiff was “unconscionable” and had to be “set aside.” The facts of the case are a bit sketchy. It...
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Judge Disagrees with Beasley — Finds Rule 53.03 Doesn’t apply to IE assessors in Tort Action
On April 9, 2010, Mr. Justice J.P. Moore held in Beasley v. Barrand that the tort defendant could not call experts retained by the accident benefit insurer to give opinion evidence at trial because their reports did not comply with Rule...
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Court Finds Coverage under OPCF 44R
This week’s Ontario Reports contained an interesting coverage decision involving Ontario’s Family Protection Endorsement and claims against the Motor Vehicle Accident Claims Fund. In Graham v. Superintendent of Financial Services Commission of Ontario (2010 ONSC 7129), Christine Graham was riding her bicycle...
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Do Not Combine (e) and (f) – Recommends FSCO Expert Panel
FSCO formed the “Catastrophic Impairment Expert Panel” to study and make recommendations on the definition of catastrophic impairment. Their preliminary report was released on April 15, 2011. The panel reported that combining physical and mental/behavioural conditions cannot be achieved...
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BCCA Brings FCC claims back to Earth
The Court of Appeal for British Columbia recently released an interesting decision significantly reducing a trial judge’s award for future care costs. This decision could have an impact on similar claims in Ontario. The Plaintiff was injured in a 2005...
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Seat Belt Defence: A Review
It is hard to believe that mandatory seat belt legislation has been in effect in Ontario since January 1, 1976 – 35 years ago. As statistics reflect, some 92% of us use our seat belts, compared to 17% when the...
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The Ins And Outs Of Evidence In Civil Institutional Liability Cases
Canadian Institute conference on Institutional Liability for Sexual Assault and Abuse
