Taking an Off Coverage Position After Defending the Claim without a Reservation of Rights or Non Waiver Agreement Causes Waiver of Rights by insurer
Be strategic about how and when to disclose surveillance where it will have an impact on its use at trial
But For Misstating the Test – “But For” is the Causation Test for Accident Benefits: Sabadash v State Farm
Unlike Peter Pan, In the World of Insurance, People Do Grow Up: Adult Children Are Not Members of the Household
Resolute Advocacy Requires Submissions by Counsel at Least to Have a Reasonable Basis or Be Made in Good Faith
Silos Replace Apples: Treatment of Collateral Benefit Deductions in the Court of Appeal
An Occupational Hazard For Truck Drivers: Underinsurance by Chantalle Youkhana
Director’s Delegate Overturns FSCO Arbitrator and Confirms that MIG is Constitutional: Abyan v Sovereign by Amanda Lo Cicero
Does an Improper Cancellation of an Insurance Policy Stay in Force Perpetually: CAO Says Not on the Facts of this Case
Discoverability and Claims for Contribution and Indemnity
A Diagnosis of Chronic Pain is not on its own Sufficient to Take A Claimant out of The MIG
Reasonable Apprehension of Bias at FSCO: Yang and Co-Operators by Dagmara Mroczkowska
The Continued Use of OCF 9 Forms after they were Discontinued by Superintendent Led to Invalid Refusal of Benefits: Delegate Evans in Bharat v State Farm
To Bifurcate or Not To Bifurcate – That is the Question: Robichaud et al. v. Constantinidis
Court of Appeal Finds Nothing Funny in Letting Insured George Carlin Get Windfall $100K Over Actual Loss: Gore Mutual Insurance v. Carlin, 2018 ONCA 628 by Sean Valentine
Court of Appeal Upholds Decision to Maintain Administrative Dismissal, Clarifies Application of Rules 48.15 Since Repealed by Devon McIntyre
Supreme Court of Canada Revisits the Duty of Care: Rankin (Rankin’s Garage & Sales) v. J.J. (2018 SCC 19) by Dagmara Mroczkowska
Reasonableness Standard Applied by Court of Appeal Even Where Parties Agree to Correctness Standard in Arbitration Agreement
Lessons From the Court of Appeal: A Driver’s Standard of Care During a Drug Deal And Summary Judgment With A Limited Evidentiary Record
Court Of Appeal Applies Reasonableness Standard Of Review To Arbitral Decisions Resolving Priority Disputes Between Insurers
No Analogous Care; Professional Attendant Care Providers Have To Be the Real Deal: Terranova and Economical by Lauren Furukawa
