Where’s the Evidence? When Expert Reports Fall Short Under the Insurance Act
Not Just SABS: When Accident Benefits Disputes Move Beyond the Statute
Can a settlement and consent dismissal be set aside due to an issue of capacity?
Mind the Rule in Browne v. Dunn, or Risk Losing the Jury
Limitation Periods: A Hard Stop to Disputing a Denial before the LAT
The Court of Appeal Upholds the Application of Tomec on the Running of Limitation Periods for IRB Denials
Special Awards and Expert Evidence: Vivekanantham v. Certas Direct Insurance Company
Every Word Counts: Jazayeri v. Economical
Stay in Your Lane: Ontario Superior Court Decision Underlines the Importance of Proper Jurisdictional Channels in Accident Benefits Cases
The COA Offers Clarification on Discretion Afforded to Judges When Deviating from the Statutory 5% Prejudgment Interest
The COA weighs in on the definition of “incurred” for pre-September 1, 2010 accidents
High Hurdle for Setting Aside Settlements: Court of Appeal Affirms Ruling on Alleged Incapacity
ONCA Rules Unjust Enrichment & Corresponding Constructive Trust is Sufficient for Restitution and Orders Relief from Forfeiture
Kolapully v. Myles, 2024 ONCA 350 – Non-earner benefits are deductible from tort awards for loss of income
More than Appealing – The Supreme Court of Canada approves the exercise of judicial review in addition to statutory rights of appeal
The Court of Appeal for Ontario Draws a Line for Rebuilding Coverage Costs
Ignorance of the Law Apparently IS an Excuse: ONCA Addresses Coverage Implications on Consensual Use by Unlicensed Individuals: Pridmore v Drenth
Passage of Time Does not End Causation Analysis or Duty of Care Considerations where Negligence May Still be Active Cause of Injury: Case v. Pattison, 2023 ONCA 529
Ontario Court of Appeal Overturns Dismissal for Delay by Adam Imtiaz
Concerns of Costs and Efficiency Not Enough to Strike a Jury Notice in Recent Decision by Noah Beiles
Ontario Court of Appeal Finds Medical Reason Is Not Required to Terminate IRBs