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Personal Injury Settlements: Resolution Oriented Case Management, Mediation and Arbitration

Catastrophic Loss
Feb 23, 2009
JENNIFER J. GRIFFITHS
JENNIFER J. GRIFFITHS
Feb 23, 2009
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Suzanne Clarke is Chairing the Black Cultural Competency Webinar for Insurance Defence Lawyers

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ERIC K. GROSSMAN
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Ontario Court of Appeal Finds Medical Reason Is Not Required to Terminate IRBs

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JUNY KIM
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Feb 22, 2023
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Suzanne Clarke will be Speaking at the MLST Annual CAT Program

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First Decision of Its Kind on How to Calculate Post 65 IRB when Collaterals Paid to Age 65 Rescinded:  Schuknecht v Economical

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Weekly Benefits Claim Barred by Breach of S.55

AYLINA DHANJI
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Having an Insurance Policy Is Good, but Defending a Claim Personally and Settling it Directly Before Advancing the Claim to the Insurer is Not:  Searles v Economical

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Licence Appeal Tribunal

Virtual Webinar: Emerging Issues at the LAT with Peter Durant, Rebecca Brown Greer, Ashley Shmukler, and Lauren Kolarek

PETER A. B. DURANT
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Catastrophic Loss

A Finding of Catastrophic Impairment does not Automatically Deem Denied Payments Prior to a Declaration of CAT to be Deemed Incurred

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Premature Appeal to Divisional Court from the LAT: JR vs Appeals

AYLINA DHANJI
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Licence Appeal Tribunal

The Divisional Court Brings Greater Clarity to the Term Employed under s. 5(1) of the Statutory Accident Benefits Schedule

ASHLEY A. SHMUKLER
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The Superior Court Maintains that NEBs do not Fall into the Income Loss Silo and are not Deductible from Tort Awards for Past Loss Income

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Loss Transfer Arbitrator Refuses to Deduct Past Collaterals from Post-65 IRB Calculation

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EI Sickness Benefits are Deductible from IRBS

AYLINA DHANJI
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Licence Appeal Tribunal

Failing to Elect a Benefit Under the SABS May Bar an Applicant from Proceeding with a Claim

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Licence Appeal Tribunal

Compliant Notice to Self-Represented Claimant does not need to be Re-Served and Limitation Clock does not Re-Start When Counsel Subsequently Retained

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CONNOR ELLIOT
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LAT finds Surgically Implanted Prosthesis Should be Turned Off for Rating Catastrophic Impairments Under AMA Guides

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Judicial Review is not a Vehicle to Sidestep the Ontario Legislature’s Intent to Limit Court Interference with Accident Benefits Disputes

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Events

Jennifer Griffiths will be presenting at the 5th Motor Vehicle Litigation Summit

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Appellate

Ontario Court of Appeal Affirms that HST Is Not Payable in addition to SABS Policy Limits: Dominion of Canada General Insurance Company v. Ridi, 2022 ONCA 564

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Catastrophic Loss

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The LAT Exercises Its Discretion to Allow a Claim for IRB to Proceed Despite Applicant’s Failure to Attend IE and Provides Guidance on Sufficient Reasons for a Post-104 Week IRB Focused IE

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Licence Appeal Tribunal

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Gilani v. Travelers Insurance Company of Canada, 2022 ONLAT 19- 009248/AABS:  The LAT Has Exclusive Jurisdiction Except When it has None by Selina Ferenac
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Warren v Licence Appeal Tribunal, 2022 ONSC 3741:  LAT Processes Do Not Create Procedural Unfairness by Julia Cohen
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Appellate

Ontario Court of Appeal Provides Direction for Accident Benefits Appeals Process: Judicial Review or Appeal?

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Catastrophic Loss

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Shanti Barclay is presenting at the OBA program Prosecuting and Defending Covid Related Insurance Claims

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Reducing Amount of Claim to Fall within Monetary Jurisdiction of Simplified Rules Does not Oust Substantive Right to a Jury Trial

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Eric Grossman is speaking at the Osgoode Certificate in Motor Vehicle Accident Law and Practice

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Loss Transfer and Priority Disputes

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LAT Finds CAT Designation Restricted to those Persons Directly Involved in an Accident under Pre-June, 2016 SABS.

REBECCA BROWN GREER
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Superior Court Rules SPECT Scan Evidence Inadmissible

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First Responders are Not Entitled to Accident Benefits for Psychological Trauma suffered as a result of responding to an accident:  Travis v Aviva Insurance Company, 2021 CanLii 120883 (ONLAT)
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Reconsideration by the LAT reverses earlier decision and finds CERB not akin to EI and not deductible from IRB

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Firewalls between AB and BI departments – A Cautionary Tale

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LAT finds CERB to be akin to EI and Therefore Deductible from IRBs: Update – Decision Overturned

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Important Two Part Evidentiary Requirement Exists Before an Expense is Deemed Incurred Under S3(8) of the SABS

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Aug 06, 2021
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LAT Rejects Applicant’s Argument of Deficient Section 44 IE Notices, bars Application from Proceeding

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Events

Shanti Barclay is presenting at Osgoode PD Personal Injury Law and Practice Update on Long Term Care, Covid-19 and Bill 218

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SHANTI BARCLAY
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Blogs

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Blogs

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Mar 31, 2021
Blogs

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There is No Longer Impunity for Online Behaviour: The Tort of Internet Harassment in Ontario

SHANNON R. WOOD
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Mar 02, 2021
Appellate

Ontario Reports February 26, 2021 Issue Highlights Duggan v. Durham Region Non-Profit Housing Corp., 2020 ONCA 788

THOMAS J. HANRAHAN
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The Covid-19 Emergency Orders and the Implications on Limitation Defences: A Discussion by Arijana B. Schrauwen

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Feb 22, 2021
Blogs

The Substantive over the Procedural

YANN GRAND-CLEMENT
YANN GRAND-CLEMENT
Feb 17, 2021
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Redefining LAT Costs Awards pursuant to Rule 19 of the Common Rules of Practice and Procedure

JUSTINE O. LEE YOUNG
JUSTINE O. LEE YOUNG
Feb 17, 2021
Blogs

The Applicable Standard of Review in Accident Benefits Priority Claims Gets a New Look Due to Vavilov

HOOMAN E. ZADEGAN
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Feb 01, 2021
Blogs

Tearing Down Firewalls – An Attack of Fundamental Principles

ERIC K. GROSSMAN
ERIC K. GROSSMAN
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Blogs

Important Appeal re s. 7 of LAT Act is Postponed until February 19, 2021

JONATHAN R. CHARLAND
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Jan 15, 2021
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Payment Predicament: Who Bears the Costs of Productions in Personal Injury Cases as outlined in Trumble v. Soomal, 2020 ONSC 8097 (CanLII) by Arijana Schrauwen

Payment Predicament: Who Bears the Costs of Productions in Personal Injury Cases as outlined in Trumble v. Soomal, 2020 ONSC 8097 (CanLII) by Arijana Schrauwen
Jan 14, 2021
Blogs

True Benefit or Practical Drawback? Union Disability Benefits and Collateral Deductibility By Ledya Abdalla

True Benefit or Practical Drawback? Union Disability Benefits and Collateral Deductibility By Ledya Abdalla
Jan 13, 2021
Appellate

Duggan v. Durham Region Non-Profit Housing Corporation – direction from the Court of Appeal on Bifurcation and stare decisis

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Events

Shanti Barclay is moderating the Medico Legal Society Program on Long Term Care

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Nov 25, 2020
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MEREDITH HARPER
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Blogs

Dishing the Dirt – Litigating is a Family Matter

MAIA ABBAS
MAIA ABBAS
Nov 12, 2020
Appellate

Self-Represented Parties Do Not Get an Automatic Pass: Huma v. Mississauga Hospital et al. By: Aryeh Samuel and Yalda Aziz

YALDA AZIZ
YALDA AZIZ
Oct 27, 2020
Blogs

Questions of Capacity and Settlement Documents – Lessons at the LAT by Arijana B. Schrauwen

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Oct 20, 2020
Blogs

Shooing Away Applications for Unreasonable CAT Assessments: R.M. v. Certas By: Aryeh Samuel and Melia Muboyayi

Shooing Away Applications for Unreasonable CAT Assessments: R.M. v. Certas By: Aryeh Samuel and Melia Muboyayi
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Events

ZTGH’s 12th Annual Educational Seminar: Innovation and Resilience Litigating Claims Through Covid-19

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Oct 08, 2020
Blogs

Revisiting Causation: Better Late Than Never by Ledya Abdalla

Revisiting Causation: Better Late Than Never by Ledya Abdalla
Oct 06, 2020
Blogs

Big Case, Little Impact; FCA negates to deal with property damage trigger in finding BI coverage for Covid-19

YALDA AZIZ
YALDA AZIZ
Oct 06, 2020
Appellate

The Admissibility of Expert Accident Reconstruction – Shanti Barclay and Evan Argentino

SHANTI BARCLAY
SHANTI BARCLAY
Sep 28, 2020
Blogs

What Does “With” Mean when it comes to the CAT Definition Related to Traumatic Brain Injury by Arijana B. Schrauwen

What Does “With” Mean when it comes to the CAT Definition Related to Traumatic Brain Injury by Arijana B. Schrauwen
Sep 22, 2020
Appellate

How Much Does a Release Cover? The Applicability of Releases Between Actions in Temple v. Bailey

DAKOTA FORSTER
DAKOTA FORSTER
Sep 17, 2020
Blogs

Switching Gears with E-Bikes:  Insurance Related Issues

Switching Gears with E-Bikes:  Insurance Related Issues
Sep 02, 2020
Blogs

The Consequences of an Insured’s Failure to Attend Insurer’s Examinations. By Aryeh Samuel and Jonathan Beiles

JONATHAN BEILES
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Interplay Between Doctrine of Discoverability and Claims for Income Replacement Benefits. By Aryeh Samuel and Jonathan Beiles

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JONATHAN BEILES
Aug 31, 2020
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Managing Cases to Trial: Sun v. Ferreira and Dismissal of Summary Judgment Motion

JONATHAN B. WHITE
JONATHAN B. WHITE
Aug 31, 2020
Blogs

Applications to Approve a Settlement: What Will and Will Not Satisfy Judges

JESSICA TELFER
JESSICA TELFER
Aug 21, 2020
Blogs

Summons to Produce Third Party Records: An Issue of Procedural Fairness Where Timing is Everything By: Aryeh Samuel and Diana McBey

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Appellate

Ontario Court of Appeal Confirms Entitlement to Proceeds of ATE Policy

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DAKOTA FORSTER
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Mind the Gap Between What is and is Not an “Accident” – P.H. v. Aviva

ALEXANDER DOS REIS
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Aug 04, 2020
Blogs

The LAT Awards Applicant over $20,000 in Reasonable and Necessary Medical Marijuana

HOOMAN E. ZADEGAN
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Jul 30, 2020
Blogs

LAT Upholds Insurer’s Right to an IE Despite PIPEDA and Charter Challenges

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Jul 29, 2020
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New Vehicle Coverage – A Warning to Insurers When New Vehicles Are Acquired by Arijana B. Schrauwen

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Blogs

What Constitutes a Proper Denial of Specified SABS Benefits for the Purposes of Starting a Limitation Clock in Disputing that Denial?

JONATHAN BEILES
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Blogs

Should HST count against an Insured Person’s benefit limits?

ERIC K. GROSSMAN
ERIC K. GROSSMAN
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Blogs

Want an Order from LAT Compelling the payment of ongoing benefits after benefits reinstated by Insurer? Think again….

SUZANNE CLARKE
SUZANNE CLARKE
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Blogs

Spilling the Tea at the LAT isn’t as lucrative as spilling the coffee in court: M.P. v Allstate

YANN GRAND-CLEMENT
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Appellate

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MEREDITH HARPER
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Appellate

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EVAN A. ARGENTINO
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Appellate

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JONATHAN BEILES
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SHANTI BARCLAY
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Publications

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DAVID ZAREK
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Blogs

2014 Amendment for Incurred Accident Benefits Applies to Earlier Accidents

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SUZANNE CLARKE
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Timing Is Everything: Ontario Summer Camps and Business Interruption Insurance

SONYA M. KATRYCZ
SONYA M. KATRYCZ
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Blogs

The Show Must Go On: Using Technology In Litigation

JENNIFER J. GRIFFITHS
JENNIFER J. GRIFFITHS
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Estate Litigation Resources

NS Supreme Court Confirms Exclusion of Common Law Spouses in Intestacy

JONATHAN B. WHITE
JONATHAN B. WHITE
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Appellate

Court of Appeal Rules on Joint Document Briefs, Admissibility of Participant Expert Diagnoses, the Available Uses of Accident Benefits Settlements, and the Role of Counsel and the Court with Self-Represented Litigants.

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Michael Taylor is presenting at the OBA Anatomy of a Trial

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Blogs

To Smoke Weed, or to Not Smoke Weed, That is the Question… by Chantalle J. Youkhana

To Smoke Weed, or to Not Smoke Weed, That is the Question… by Chantalle J. Youkhana
Apr 22, 2020
Events

Jennifer Griffiths is speaking at BDO’s Annual Accident Benefits Conference Toronto

JENNIFER J. GRIFFITHS
JENNIFER J. GRIFFITHS
Apr 22, 2020
Appellate

Clarification on the Reasonable Foreseeability of Injury or Harm Arising From the Theft of a Vehicle

DAKOTA FORSTER
DAKOTA FORSTER
Apr 20, 2020
Blogs

Vacancy Exclusions

SHANTI BARCLAY
SHANTI BARCLAY
Apr 13, 2020
Events

Jennifer Griffiths is presenting at the Advocates’ Society Licence Appeal Tribunal Advocacy Seminar

JENNIFER J. GRIFFITHS
JENNIFER J. GRIFFITHS
Apr 08, 2020
Blogs

TRAVEL MEDICAL INSURANCE AND COVID-19

ALEX REYES
ALEX REYES
Apr 07, 2020
Blogs

Court of Appeal Clarifies the Duty to Defend and Ability to Control Litigation Where Overlapping Coverage Exists: Markham v AIG

YANN GRAND-CLEMENT
YANN GRAND-CLEMENT
Apr 06, 2020
Events

Jennifer Griffiths is presenting on Loss Transfer and Priority Issues in the OBA Key Update on Accident Benefits

JENNIFER J. GRIFFITHS
JENNIFER J. GRIFFITHS
Apr 02, 2020
Blogs

An action Commenced by a Condominium Corporation is not rendered a nullity if the corporation fails to serve a written notice on its owners as required by section 23(2) of the Condominium Act.

EVAN A. ARGENTINO
EVAN A. ARGENTINO
Apr 01, 2020
Blogs

COVID-19: Limitations Need Not Apply

SHANNON R. WOOD
SHANNON R. WOOD
Mar 25, 2020
Blogs

Business Interruption Claims Under the Coronavirus (COVID-19) Pandemic

ALEX REYES
ALEX REYES
Mar 23, 2020
Blogs

Last Minute Counsel Switcharoo: Adjournment Tactics in Mallette v. The Wawanesa Mutual Insurance Company by Arijiana B. Schrauwen

Last Minute Counsel Switcharoo: Adjournment Tactics in Mallette v. The Wawanesa Mutual Insurance Company by Arijiana B. Schrauwen
Mar 19, 2020
Blogs

Important Upcoming Appeal re Limitations Periods at the LAT

JONATHAN R. CHARLAND
JONATHAN R. CHARLAND
Mar 11, 2020
Publications

CDL Hearsay – The Appropriate Corporate Representative on Discovery: It is always better to check, lest, of course, you risk a wreck

CDL Hearsay – The Appropriate Corporate Representative on Discovery: It is always better to check, lest, of course, you risk a wreck
Mar 02, 2020
Blogs

Discoverability and Threshold in a Summary Judgment Motion – Two Years From When?

NATHAN M. FABIANO
NATHAN M. FABIANO
Feb 27, 2020
Estate Litigation Resources

“Death-bed will” not an automatic rebuttal of testamentary capacity – Krolewski v Moniz

JESSICA TELFER
JESSICA TELFER
Feb 27, 2020
Blogs

The “New” Standards for Standard of Review

The “New” Standards for Standard of Review
Feb 18, 2020
Blogs

Bars to Success: Importance of s. 53.03 Timelines and Plaintiff Consent to Medicals by Arijana B. Schrauwen

Bars to Success: Importance of s. 53.03 Timelines and Plaintiff Consent to Medicals by Arijana B. Schrauwen
Feb 18, 2020
Blogs

Reserve Information Irrelevant and Not Subject to Production: Kanani v. Economical

JONATHAN R. CHARLAND
JONATHAN R. CHARLAND
Feb 12, 2020
Appellate

Traders v. Gibson – Who’s in your Household: The Non-Arm’s Length Renter

SONYA M. KATRYCZ
SONYA M. KATRYCZ
Jan 15, 2020
Blogs

Bernard v. Lamarsh: Pursuing Credits or Saving Costs – We Can’t Have it All

SONYA M. KATRYCZ
SONYA M. KATRYCZ
Jan 14, 2020
Estate litigation

It´s All Too Much: Graham v. Graham

It´s All Too Much: Graham v. Graham
Jan 06, 2020
Blogs

Don’t Shoot the Messenger

ALEXANDER DOS REIS
ALEXANDER DOS REIS
Dec 13, 2019
Appellate

Doctrine of Discoverability Applies: Tomec v. Economical

MELINDA BAXTER
MELINDA BAXTER
Dec 03, 2019
Appellate

Credibility is a Triable Issue for Insurance Claim of a Stolen Ring worth over $500,000.00

EVAN A. ARGENTINO
EVAN A. ARGENTINO
Nov 19, 2019
Blogs

Treating Experts Cannot Meet with Insurer To Prepare to Give Evidence at a Hearing

NATHAN M. FABIANO
NATHAN M. FABIANO
Nov 18, 2019
Blogs

BC Court Finds That Limiting the Number of Experts in Motor Vehicle Accident Cases is Unconstitutional by Dagmara Mroczkowska

BC Court Finds That Limiting the Number of Experts in Motor Vehicle Accident Cases is Unconstitutional  by Dagmara Mroczkowska
Nov 13, 2019
Appellate

Deference Owed to Adjudicators : Waldock v State Farm Mutual Automobile Insurance Co.

JESSICA TELFER
JESSICA TELFER
Nov 08, 2019
Events

ZTGH 11th Annual Educational Seminar: There is no “I” in ZTGH

ZTGH 11th Annual Educational Seminar: There is no “I” in ZTGH
Oct 24, 2019
Blogs

Failure to Submit OCF-3 Acts as Complete Bar from Appealing Insured’s Refusal to Pay IRBs By Michelle Isenstein

Failure to Submit OCF-3 Acts as Complete Bar from Appealing Insured’s Refusal to Pay IRBs By Michelle Isenstein
Oct 11, 2019
Blogs

Divisional Court Determines Standardized Denial Letters Won’t Suffice to Deny Medical Treatment Under the SABS

Divisional Court Determines Standardized Denial Letters Won’t Suffice to Deny Medical Treatment Under the SABS
Oct 07, 2019
Blogs

Tolling Agreement Must Mean There was a Limitation To Toll in the First Place: M.H. and Western Assurance Company by Dagmara Mroczkowska

Tolling Agreement Must Mean There was a Limitation To Toll in the First Place:  M.H. and Western Assurance Company by Dagmara Mroczkowska
Sep 26, 2019
Appellate

Aviva Insurance Company v Wawanesa Mutual Insurance Company, 2019 ONCA 704: Who is a “lessee” under priority rules?

DAKOTA FORSTER
DAKOTA FORSTER
Sep 16, 2019
Blogs

Orthopaedic Referral Available from Physician to OHIP Assessor Makes SABS Claim for Orthopaedic Assessment Not Reasonable or Necessary – The case of 17-006781 v Aviva by Arijana B. Schrauwen

Orthopaedic Referral Available from Physician to OHIP Assessor Makes SABS Claim for Orthopaedic Assessment Not Reasonable or Necessary –  The case of 17-006781 v Aviva by Arijana B. Schrauwen
Sep 12, 2019
Blogs

Section 7 of the LAT Act – North Blenheim is Not the End of the Story Where LAT Has No Jurisdiction to Grant Relief from Limitations: 18-001196 v Certas

Section 7 of the LAT Act – North Blenheim is Not the End of the Story Where LAT Has No Jurisdiction to Grant Relief from Limitations:  18-001196 v Certas
Sep 08, 2019
Appellate

McKay v Park: Someone Grabbing the Wheel is Non Consensual Use and Does Not Create Vicarious Liability by Natalie Laing

McKay v Park:  Someone Grabbing the Wheel is Non Consensual Use and Does Not Create Vicarious Liability by Natalie Laing
Sep 03, 2019
Appellate

Taking an Off Coverage Position After Defending the Claim without a Reservation of Rights or Non Waiver Agreement Causes Waiver of Rights by insurer

MEREDITH HARPER
MEREDITH HARPER
Aug 28, 2019
Appellate

Be strategic about how and when to disclose surveillance where it will have an impact on its use at trial

SUZANNE CLARKE
SUZANNE CLARKE
Aug 27, 2019
Blogs

All’s Fair in Love and Wills

SHANNON R. WOOD
SHANNON R. WOOD
Aug 26, 2019
Blogs

Does “accident” under the SABS include a home vehicle repair gone wrong?: CC v Intact

NATHAN M. FABIANO
NATHAN M. FABIANO
Aug 16, 2019
Blogs

Response to Section 33 Non Compliance Must be Timely To Have any Chance of Being Viewed As Reasonable Explanation

MAIA ABBAS
MAIA ABBAS
Aug 06, 2019
Blogs

Limitation Defence Meets its Match in Section 7 of the LAT Act

Limitation Defence Meets its Match in Section 7 of the LAT Act
Jul 23, 2019
Blogs

Pre-Existing Psychological Conditions No Bar to CAT Designation by Doug Letto

Pre-Existing Psychological Conditions No Bar to CAT Designation by Doug Letto
Jul 16, 2019
Blogs

Expert Reports: Disclosure Obligations with Respect to Letters of Instruction and Other Foundational Documents: Edwards v. McCarthy

Expert Reports: Disclosure Obligations with Respect to Letters of Instruction and Other Foundational Documents: Edwards v. McCarthy
Jul 08, 2019
Blogs

How Much is Too Much to Charge in Fees on an AB Cashout

How Much is Too Much to Charge in Fees on an AB Cashout
Jul 05, 2019
Blogs

The Court’s View of Priority Disputes between Accident Benefit Insurers Providing Basic Mandatory Versus Optional Enhanced Coverages to their Insureds

WILLIAM SPROULL
WILLIAM SPROULL
Jun 25, 2019
Blogs

Reconsideration Decision: What constitutes “compelling evidence” of a pre-existing condition and who holds the burden of proof? by Mallory Allan

Reconsideration Decision: What constitutes “compelling evidence” of a pre-existing condition and who holds the burden of proof? by Mallory Allan
Jun 24, 2019
Blogs

CAT Assessment Costs Are Excluded From the Non-CAT Entitlement Limit by Gordon Lee

CAT Assessment Costs Are Excluded From the Non-CAT Entitlement Limit by Gordon Lee
Jun 19, 2019
Blogs

Ontario Court of Appeal Holds Rescission Ab Initio Not Available for Auto Policies

ALEX REYES
ALEX REYES
Jun 05, 2019
Blogs

How Much Attendant Care is Enough Attendant Care? LAT Considerations for CAT Applicants Arijana B. Schrauwen

How Much Attendant Care is Enough Attendant Care? LAT Considerations for CAT Applicants Arijana B. Schrauwen
Jun 04, 2019
Blogs

Appraisal Process Trumps Litigation as a Means of Resolving Insurance Related Property Valuation Issues by Josephine Comegna

Appraisal Process Trumps Litigation as a Means of Resolving Insurance Related Property Valuation Issues  by Josephine Comegna
Jun 03, 2019
Blogs

No-Show at Insurer Examination Bars LAT Claim: O.H.A and Aviva General Insurance Company by Mallory Allan

No-Show at Insurer Examination Bars LAT Claim: O.H.A and Aviva General Insurance Company by Mallory Allan
May 17, 2019
Blogs

Go to EUO But Don’t Answer Questions: That is a No Go – 17-002366 v Coachman by Diana McBey

Go to EUO But Don’t Answer Questions:  That is a No Go – 17-002366 v Coachman  by Diana McBey
May 16, 2019
Blogs

Material Misrepresentation Exclusion Tough to Prove: 18-001028 v. Aviva Insurance Canada by Mallory Allan

Material Misrepresentation Exclusion  Tough to Prove: 18-001028 v. Aviva Insurance Canada by Mallory Allan
May 15, 2019
Blogs

Reconsideration Denied: Legality Of Third Party IE Vendors And Adjudicator Discretion In Hearing Formats by Gordon Lee

Reconsideration Denied: Legality Of Third Party IE Vendors And Adjudicator Discretion In Hearing Formats by Gordon Lee
May 10, 2019
Events

Shanti Barclay is presenting at the OBA: Anatomy of a Trial

SHANTI BARCLAY
SHANTI BARCLAY
Apr 29, 2019
Blogs

Don’t Believe Everything You Read: It Is Possible to Address Credibility in a Written Hearing by Josephine Comegna

Don’t Believe Everything You Read: It Is Possible to Address Credibility in a Written Hearing by Josephine Comegna
Apr 10, 2019
Blogs

Surprising the Panel at Divisional Court: Barnes v. Motor Vehicle Accident Claims Fund, 2019 ONSC 1782 (CanLII)

EVAN A. ARGENTINO
EVAN A. ARGENTINO
Apr 09, 2019
Blogs

Late Claim By Insured for Retroactive Attendant Care Allowed with Interest: 18-000790 v. Jevco Insurance Co.

Late Claim By Insured for Retroactive Attendant Care Allowed with Interest: 18-000790 v. Jevco Insurance Co.
Apr 05, 2019
Blogs

When Can “Big Brother” Be Watching You ….and Not Tell You about It? by Chantalle J. Youkhana

When Can “Big Brother” Be Watching You ….and Not Tell You about It? by Chantalle J. Youkhana
Apr 03, 2019
Events

Brian Yung is speaking at the CDL Law Clerks 2019 Program on Docketing and Time Management

BRIAN M. YUNG
BRIAN M. YUNG
Mar 28, 2019
Events

Tripta Sood is speaking at the Osgoode Accident Benefits 2019 Program

Tripta Sood is speaking at the Osgoode Accident Benefits 2019 Program
Mar 25, 2019
Blogs

After The Event Insurance: Who Gets The Proceeds? Peter B. Cozzi Professional Corporation v. Szot, 2019 ONSC 1274 by Leah Dick

After The Event Insurance: Who Gets The Proceeds? Peter B. Cozzi Professional Corporation v. Szot, 2019 ONSC 1274 by Leah Dick
Mar 11, 2019
Events

Nathalie Rosenthall is speaking at the CDL Loss Transfer/Priority Disputes program

NATHALIE V. ROSENTHALL
NATHALIE V. ROSENTHALL
Feb 28, 2019
Blogs

CAT IEs: How Many is Too Many?

CAT IEs: How Many is Too Many?
Feb 28, 2019
Events

Jennifer Griffiths is speaking at the Medico-Legal Society’s 9th Annual Catastrophic Impairment Program

JENNIFER J. GRIFFITHS
JENNIFER J. GRIFFITHS
Feb 27, 2019
Appellate

But For Misstating the Test – “But For” is the Causation Test for Accident Benefits: Sabadash v State Farm

MEREDITH HARPER
MEREDITH HARPER
Feb 19, 2019
Events

Shanti Barclay and Shannon Wood are speaking on Cannabis Coverage Issues at the CDL Coverage Symposium

SHANTI BARCLAY
SHANTI BARCLAY
Feb 07, 2019
Blogs

Ignore LAT Rules and Case Conference Orders on Production Timelines at Your Peril: 18-005028 v. Allstate

SONYA M. KATRYCZ
SONYA M. KATRYCZ
Feb 04, 2019
Appellate

Unlike Peter Pan, In the World of Insurance, People Do Grow Up: Adult Children Are Not Members of the Household

SONYA M. KATRYCZ
SONYA M. KATRYCZ
Feb 04, 2019
Blogs

Slip and Falls on Public Property: Are you an Occupier? Janssen v. William and Markle Jewellers Ltd. Clarifies by Leah Dick

Slip and Falls on Public Property: Are you an Occupier? Janssen v. William and Markle Jewellers Ltd. Clarifies by Leah Dick
Jan 28, 2019
Appellate

Resolute Advocacy Requires Submissions by Counsel at Least to Have a Reasonable Basis or Be Made in Good Faith

Resolute Advocacy Requires Submissions by Counsel at Least to Have a Reasonable Basis or Be Made in Good Faith
Dec 31, 2018
Blogs

No “Do-Overs” For Priority Acceptance By Sophisticated Insurer Litigants: The Case of Pembridge Insurance Co. v. Sovereign General Insurance Co.

No “Do-Overs” For Priority Acceptance By Sophisticated Insurer Litigants: The Case of Pembridge Insurance Co. v. Sovereign General Insurance Co.
Dec 24, 2018
Blogs

Zone of Privacy Extends Litigation Privilege To Active Claims Even When One “Dispute” Resolves: M.D. v. Aviva by Greg Specht

Zone of Privacy Extends Litigation Privilege To Active Claims Even When One “Dispute” Resolves: M.D. v. Aviva by Greg Specht
Dec 24, 2018
Appellate

Silos Replace Apples: Treatment of Collateral Benefit Deductions in the Court of Appeal

MEREDITH HARPER
MEREDITH HARPER
Dec 17, 2018
Appellate

An Occupational Hazard For Truck Drivers: Underinsurance by Chantalle Youkhana

An Occupational Hazard For Truck Drivers: Underinsurance by Chantalle Youkhana
Nov 13, 2018
Events

10th Annual Educational Seminar at the King Edward Hotel

10th Annual Educational Seminar at the King Edward Hotel
Oct 25, 2018
Appellate

Director’s Delegate Overturns FSCO Arbitrator and Confirms that MIG is Constitutional: Abyan v Sovereign by Amanda Lo Cicero

Director’s Delegate Overturns FSCO Arbitrator and Confirms that MIG is Constitutional: Abyan v Sovereign by Amanda Lo Cicero
Oct 24, 2018
Appellate

Does an Improper Cancellation of an Insurance Policy Stay in Force Perpetually: CAO Says Not on the Facts of this Case

MEREDITH HARPER
MEREDITH HARPER
Oct 11, 2018
Blogs

Status of Being an Insured Person Comes from SABS Definitions and Nowhere Else: 18-001020 v Wawanesa

MEREDITH HARPER
MEREDITH HARPER
Oct 10, 2018
Appellate

Discoverability and Claims for Contribution and Indemnity

SHANTI BARCLAY
SHANTI BARCLAY
Oct 09, 2018
Blogs

Reasonable and Necessary? A Closer Look at 17-006160 v Aviva Canada

Reasonable and Necessary? A Closer Look at 17-006160 v Aviva Canada
Oct 04, 2018
Cannabis

Cannabis Cheat Sheet

Cannabis Cheat Sheet
Sep 29, 2018
Blogs

Implied Consent Not Easily Established – Leigh and Michaud-Shields by Greg Specht

Implied Consent Not Easily Established – Leigh and Michaud-Shields by Greg Specht
Sep 11, 2018
Blogs

Alleging that Insurer Is Trying to Bolster its Denial for a Hearing is Not Sufficient Reason for Refusing an Insurer Examination: LAT Decision 17-002973 by Hesam Motevalli

Alleging that Insurer Is Trying to Bolster its Denial for a Hearing is Not Sufficient Reason for Refusing an Insurer Examination: LAT Decision 17-002973 by Hesam Motevalli
Aug 30, 2018
Blogs

Regional Senior Justice Dismisses Plaintiff’s Attempt at Excluding Potential Jurors Who Drive and Pay for Automobile Insurance: Kapoor v. Kuzmanovski, 2018 ONSC 4770 by Nora Refai

Regional Senior Justice Dismisses Plaintiff’s Attempt at Excluding Potential Jurors Who Drive and Pay for Automobile Insurance: Kapoor v. Kuzmanovski, 2018 ONSC 4770 by Nora Refai
Aug 24, 2018
Appellate

A Diagnosis of Chronic Pain is not on its own Sufficient to Take A Claimant out of The MIG

EVAN A. ARGENTINO
EVAN A. ARGENTINO
Aug 23, 2018
Blogs

LICO Approach with Pre-Tax Dollars Applied in Echelon General Insurance Company and Unifund Assurance by Natalie Laing

LICO Approach with Pre-Tax Dollars Applied in Echelon General Insurance Company and Unifund Assurance by Natalie Laing
Aug 13, 2018
Blogs

Making the Case for Chronic Pain at the LAT: MNM v. Aviva 17-007825

SHANNON R. WOOD
SHANNON R. WOOD
Aug 08, 2018
Appellate

Reasonable Apprehension of Bias at FSCO: Yang and Co-Operators by Dagmara Mroczkowska

Reasonable Apprehension of Bias at FSCO: Yang and Co-Operators by Dagmara Mroczkowska
Jul 26, 2018
Appellate

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

NATHAN M. FABIANO
NATHAN M. FABIANO
Jul 23, 2018
Appellate

To Bifurcate or Not To Bifurcate – That is the Question: Robichaud et al. v. Constantinidis

THOMAS J. HANRAHAN
THOMAS J. HANRAHAN
Jul 16, 2018
Appellate

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 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
Jul 16, 2018
Blogs

LAT Gets Taken to the Mat by Divisional Court on Lack of Transparency in Decision Making Process: Shuttleworth v LAT and Peel Mutual by Tripta Sood

LAT Gets Taken to the Mat by Divisional Court on Lack of Transparency in Decision Making Process:  Shuttleworth v LAT and Peel Mutual by Tripta Sood
Jul 16, 2018
Appellate

Court of Appeal Upholds Decision to Maintain Administrative Dismissal, Clarifies Application of Rules 48.15 Since Repealed by Devon McIntyre

Court of Appeal Upholds Decision to Maintain Administrative Dismissal, Clarifies Application of Rules 48.15 Since Repealed by Devon McIntyre
Jun 14, 2018
Blogs

Refusal to Mediate, the Use (and Expense) of Jury Focus Groups, ATE Insurance, and Their Impact on Costs – Canfield v. Brockville Ontario Speedway

Refusal to Mediate, the Use (and Expense) of Jury Focus Groups, ATE Insurance, and Their Impact on Costs – Canfield v. Brockville Ontario Speedway
Jun 06, 2018
Events

Jennifer Griffiths is Presenting at the BDO Canada Accident Benefits Conference in Ottawa

Jennifer Griffiths is Presenting at the BDO Canada Accident Benefits Conference in Ottawa
May 30, 2018
Blogs

An Uber Decision: First Priority Arbitration Involving Ridesharing Policy Finds That Uber Policy is Priority Insurer for an Uninsured Passenger’s Accident Benefits Claim

MAIA ABBAS
MAIA ABBAS
May 24, 2018
Blogs

Law Society Takes 6+ Years, But Finally Strips Roland Spiegel’s Licence as a Paralegal by Natalie Laing

Law Society Takes 6+ Years, But Finally Strips Roland Spiegel’s Licence as a Paralegal by Natalie Laing
May 23, 2018
Appellate

Supreme Court of Canada Revisits the Duty of Care: Rankin (Rankin’s Garage & Sales) v. J.J. (2018 SCC 19) by Dagmara Mroczkowska

Supreme Court of Canada Revisits the Duty of Care: Rankin (Rankin’s Garage & Sales) v. J.J. (2018 SCC 19) by Dagmara Mroczkowska
May 22, 2018
Blogs

Executive Chair Lamoureux Says Request for Reconsideration at the LAT Must Precede Judicial Review

PAUL IRISH
PAUL IRISH
May 17, 2018
Events

Eric Grossman and Michael Taylor are presenting at the OBA Anatomy of a Trial Program seminar

ERIC K. GROSSMAN
ERIC K. GROSSMAN
May 11, 2018
Estate Litigation Resources

Trust Disputes

Trust Disputes
May 02, 2018
Estate Litigation Resources

Guardianship Disputes

Guardianship Disputes
May 02, 2018
Estate Litigation Resources

Elder Abuse

Elder Abuse
May 01, 2018
Events

Jennifer Griffiths is presenting at the BDO 22nd Annual Accident Benefits Conference on “The Perfect Accident Benefits File”

Jennifer Griffiths is presenting at the BDO 22nd Annual Accident Benefits Conference on “The Perfect Accident Benefits File”
Apr 26, 2018
Blogs

Sign a Waiver and its All Downhill from there: Court of Appeal Entrenches the Legal Use of “Waivers of Liability” at Ski Resorts across Ontario by Nicholas Carmichael

Sign a Waiver and its All Downhill from there: Court of Appeal Entrenches the Legal Use of “Waivers of Liability” at Ski Resorts across Ontario by Nicholas Carmichael
Apr 18, 2018
Events

Jennifer Griffiths is presenting at the Advocates’ Society Licence Appeal Tribunal (LAT) Advocacy Program

Jennifer Griffiths is presenting at the Advocates’ Society Licence Appeal Tribunal (LAT) Advocacy Program
Apr 12, 2018
Blogs

Rule 9.1 of the LAT Rules of Practice and Procedure Used to Give a Dilatory Claimant A Second Chance To Submit Evidence

Rule 9.1 of the LAT Rules of Practice and Procedure Used to Give a Dilatory Claimant A Second Chance To Submit Evidence
Apr 04, 2018
Appellate

Reasonableness Standard Applied by Court of Appeal Even Where Parties Agree to Correctness Standard in Arbitration Agreement

MEREDITH HARPER
MEREDITH HARPER
Apr 03, 2018
Blogs

Refusal to Attend a Section 44 Insurer’s Examination Results in the Tribunal’s Refusal to Hear the Matter by Nora Refai

Refusal to Attend a Section 44 Insurer’s Examination Results in the Tribunal’s Refusal to Hear the Matter by Nora Refai
Apr 03, 2018
Estate Litigation Resources

Estate Compensation Disputes

Estate Compensation Disputes
Apr 03, 2018
Blogs

Stand Alone Bad Faith Claim Not Actionable in the Courts – Licence Appeal Tribunal Has Sole Jurisdiction By: Nora Refai

Stand Alone Bad Faith Claim Not Actionable in the Courts – Licence Appeal Tribunal Has Sole Jurisdiction By: Nora Refai
Mar 13, 2018
Estate Litigation Resources

Insurance Proceeds Disputes

Insurance Proceeds Disputes
Mar 12, 2018
Blogs

Have No Fear: Limitation Period Defences Do Still Exist At The LAT

SUZANNE CLARKE
SUZANNE CLARKE
Mar 12, 2018
Events

Nathalie Rosenthall is speaking at the Osgoode Accident Benefits 2018: What’s Current, What’s Important Seminar

Nathalie Rosenthall is speaking at the Osgoode Accident Benefits 2018: What’s Current, What’s Important Seminar
Mar 08, 2018
Appellate

Lessons From the Court of Appeal: A Driver’s Standard of Care During a Drug Deal And Summary Judgment With A Limited Evidentiary Record

MAIA ABBAS
MAIA ABBAS
Mar 06, 2018
Estate Litigation Resources

Defence of an Estate Trustee

Defence of an Estate Trustee
Mar 06, 2018
Blogs

Trials and Tribulations in Getting a Defence Medical Exam: Rintjema v TD Home

SHANTI BARCLAY
SHANTI BARCLAY
Mar 06, 2018
Newsletters

ZTGH Community Newsletter vol. 6

ZTGH Community Newsletter vol. 6
Feb 28, 2018
Estate Litigation Resources

Disputes Between Siblings Over Family Property

Disputes  Between Siblings Over Family Property
Feb 28, 2018
Events

Heather Kawaguchi is presenting at the Motor Vehicle Litigation Summit 2018

Heather Kawaguchi is presenting at the Motor Vehicle Litigation Summit 2018
Feb 26, 2018
Events

Eric Grossman speaking at Medico-Legal Society of Toronto’s Don’t Be CAT-atonic Seminar

Eric Grossman speaking at Medico-Legal Society of Toronto’s Don’t Be CAT-atonic Seminar
Feb 21, 2018
Appellate

Court Of Appeal Applies Reasonableness Standard Of Review To Arbitral Decisions Resolving Priority Disputes Between Insurers

PAUL IRISH
PAUL IRISH
Feb 20, 2018
Estate Litigation Resources

Disputes Between Beneficiaries

Disputes Between Beneficiaries
Feb 12, 2018
Events

Eric Grossman Presenting the the 13th Annual National Forum on Administrative Law and Practice

Eric Grossman Presenting the the 13th Annual National Forum on Administrative Law and Practice
Feb 07, 2018
Estate Litigation Resources

Power of Attorney Disputes

Power of Attorney Disputes
Feb 06, 2018
Events

Tanya Zigomanis is Presenting at the OBA Program on the Intersection Between Insurance Law and Workers’ Compensation Law

Tanya Zigomanis is Presenting at the OBA Program on the Intersection Between Insurance Law and Workers’ Compensation Law
Feb 06, 2018
Blogs

Live By The Sword And Get Skewered On Costs When You Lose by Alex Woo

Live By The Sword And Get Skewered On Costs When You Lose by Alex Woo
Feb 05, 2018
Estate Litigation Resources

Contested Wills

Contested Wills
Feb 05, 2018
Estate Litigation Resources

Podcast: Steps to Contesting a Will

Podcast: Steps to Contesting a Will
Feb 05, 2018
Appellate

I Won! Making Sense of a Jury Verdict in the Changing World of Personal Injury Law, WP Magazine February 2018

ERIC K. GROSSMAN
ERIC K. GROSSMAN
Feb 01, 2018
Blogs

Payment Of NEBs In Underlying AB Claim Does Not Preclude The Same Insurer From Denying Coverage In The Tort Context When Vehicle Taken Without Consent by Richard Kreder

Payment Of NEBs In Underlying AB Claim Does Not Preclude The Same Insurer From Denying Coverage In The Tort Context When Vehicle Taken Without Consent by Richard Kreder
Jan 31, 2018
Events

Nathalie Rosenthall speaking at the OIAA Claims Conference

Nathalie Rosenthall speaking at the OIAA Claims Conference
Jan 30, 2018
Events

Nathalie Rosenthall is Presenting at the OIAA Claims Conference on Loss Transfer and Priority Issues

Nathalie Rosenthall is Presenting at the OIAA Claims Conference on Loss Transfer and Priority Issues
Jan 30, 2018
Blogs

Last Minute Surveillance Prior To Trial Can Lead To Mistrial and Lots of Costs

MEREDITH HARPER
MEREDITH HARPER
Jan 25, 2018
Estate Litigation Resources

Dependency Claims

Dependency Claims
Jan 24, 2018
Estate Litigation Resources

Disputes Arising From Gifts

Disputes Arising From Gifts
Jan 19, 2018
Blogs

Executive Chair Extends LATitude to Limitations in Reconsideration on Her Own Initiative

MEREDITH HARPER
MEREDITH HARPER
Jan 16, 2018
Blogs

LeFeuvre v. Boekee: Insurers Can Lose Control of the Handling of the Defence of a Claim When There is Potential Conflict with Their Insureds

SHANTI BARCLAY
SHANTI BARCLAY
Jan 11, 2018
Estate Litigation Resources

Disputes Between Beneficiaries and Estate Trustees

Disputes Between Beneficiaries and Estate Trustees
Jan 11, 2018
Estate Litigation Resources

Mental Incompetency Issues

Mental Incompetency Issues
Jan 10, 2018
Blogs

Denying Attendant Care as Not Incurred Fraught With Difficulty if Provider Trained as PSW Even if Not So Employed: A Study of Two LAT Decisions

SUZANNE CLARKE
SUZANNE CLARKE
Jan 10, 2018
Appellate

No Analogous Care; Professional Attendant Care Providers Have To Be the Real Deal: Terranova and Economical by Lauren Furukawa

No Analogous Care; Professional Attendant Care Providers Have To Be the Real Deal: Terranova and Economical by Lauren Furukawa
Jan 08, 2018
Blogs

LAT Finds that An Intentional Failure to Notify of a Change in Material Risk Entitles an Insurer to Repayment by Natasha Milne

LAT Finds that An Intentional Failure to Notify of a Change in Material Risk Entitles an Insurer to Repayment by Natasha Milne
Jan 08, 2018
Blogs

Secret Recording of a Defence Medical Examination is Not Permitted by Tripta Sood

Secret Recording of a Defence Medical Examination is Not Permitted by Tripta Sood
Jan 05, 2018
Blogs

LAT Determines that Mistaken Payments Do Not Give Rise to Argue Equitable Estoppel

PAUL IRISH
PAUL IRISH
Jan 04, 2018
Blogs

LAT Confirms That Injuries Arising Out of Staged Accidents Are Not Compensable Under the SABS by Alex Woo

LAT Confirms That Injuries Arising Out of Staged Accidents Are Not Compensable Under the SABS by Alex Woo
Dec 27, 2017
Blogs

What Can Priority Learn From Loss Transfer?

MAIA ABBAS
MAIA ABBAS
Dec 21, 2017
Events

Timothea Leung, Marni Miller, and Meredith Harper are presenting at the CDL: Preparing for your first arbitration or trial

Timothea Leung, Marni Miller, and Meredith Harper are presenting at the CDL: Preparing for your first arbitration or trial
Nov 30, 2017
Appellate

Court Of Appeal Weighs In On Municipal Standard Of Care For Roadways, Application Of Section 4 Of The Negligence Act, And Application Of Statutory Discount Rate by Nicholas Carmichael

Court Of Appeal Weighs In On Municipal Standard Of Care For Roadways, Application Of Section 4 Of The Negligence Act, And Application Of Statutory Discount Rate by Nicholas Carmichael
Nov 28, 2017
Blogs

Court Refuses To Hear Motion On Putting Effect of Statutory Deductible To The Jury, Nwokomah v. Galle, 2017 ONSC 6880 by Nicholas Carmichael

Court Refuses To Hear Motion On Putting Effect of Statutory Deductible To The Jury, Nwokomah v. Galle, 2017 ONSC 6880 by Nicholas Carmichael
Nov 28, 2017
Events

Eric Grossman Presenting at the OTLA Fall Conference: Battle Tactics for Trial Lawyers

ERIC K. GROSSMAN
ERIC K. GROSSMAN
Nov 17, 2017
Blogs

Do Legislative Changes Affect Vested Rights? The 1% Solution by Nora Refai

Do Legislative Changes Affect Vested Rights? The 1% Solution by Nora Refai
Nov 16, 2017
Blogs

Broad Definitions Of “Automobile” and “Accident” For Accident Benefits Claims At The LAT

MAIA ABBAS
MAIA ABBAS
Nov 14, 2017
Blogs

LAT Adjudicator Truck-ulent About Applying Secion 61 WSIAT Election

JENNIFER J. GRIFFITHS
JENNIFER J. GRIFFITHS
Nov 13, 2017
Blogs

Duty to Defend Property Manager Where Listed on Policy as Additional Insured Not Automatic Where Property Manager May Be Liable in Negligence by Virtue of Its Own Acts or Omissions by Richard Kreder

Duty to Defend Property Manager Where Listed on Policy as Additional Insured Not Automatic Where Property Manager May Be Liable in Negligence by Virtue of Its Own Acts or Omissions by Richard Kreder
Oct 30, 2017
Appellate

I won! Making Sense of a Jury Verdict in the Changing World of Personal Injury Law

ERIC K. GROSSMAN
ERIC K. GROSSMAN
Oct 05, 2017
Newsletters

ZTGH Community Newsletter vol. 5

ZTGH Community Newsletter vol. 5
Oct 02, 2017
Appellate

Causation Test For Accident Benefits IS The “But For” Test: FSCO Director Decision

MEREDITH HARPER
MEREDITH HARPER
Sep 25, 2017
Blogs

FSCO Finds MIG Unconstitutional In Respect Of Its Treatment Of Chronic Pain by Amanda Lo Cicero

FSCO Finds MIG Unconstitutional In Respect Of Its Treatment Of Chronic Pain by Amanda Lo Cicero
Sep 25, 2017
Blogs

Deemed Waiver of Solicitor-Client Privilege Requires Making Legal Advice a Substantive Issue in a Party’s Claims or Defence by Robert Jones

Deemed Waiver of Solicitor-Client Privilege Requires Making Legal Advice a Substantive Issue in a Party’s Claims or Defence by Robert Jones
Sep 19, 2017
Blogs

The Opposite of Deflection When it Comes to Loss Transfer Disputes: Primmum Insurance Company v. L’Unique Assurances Générales Inc. 2017 ONSC 5235 by Alex Woo

The Opposite of Deflection When it Comes to Loss Transfer Disputes:  Primmum Insurance Company v. L’Unique Assurances Générales Inc. 2017 ONSC 5235  by Alex Woo
Sep 18, 2017
Blogs

David v. Tangri: Using the Deemed Undertaking Rule to Use a Plaintiff’s Tort Discovery Transcript at the LAT

MEREDITH HARPER
MEREDITH HARPER
Sep 14, 2017
Newsletters

ZTGH Community Newsletter vol. 4

ZTGH Community Newsletter vol. 4
Aug 29, 2017
Blogs

Capacity Issues Can Crop Up At Anytime and Vigilance is Required When Settling AB Claims by Robert Jones

Capacity Issues Can Crop Up At Anytime and Vigilance is Required When Settling AB Claims by Robert Jones
Aug 28, 2017
Blogs

Does Family Protection Endorsement on Company Car Apply for Underinsured Coverage Arising From Out of Province Rental Car Use? by Nicholas Carmichael

Does Family Protection Endorsement on Company Car Apply for Underinsured Coverage Arising From Out of Province Rental Car Use?  by Nicholas Carmichael
Aug 14, 2017
Blogs

ATE Insurance Policy Has An Impact On Costs Award Against Unsuccessful Personal Injury Action

EVAN A. ARGENTINO
EVAN A. ARGENTINO
Aug 09, 2017
Blogs

If You are Going to Fall Down and Hurt Yourself, Best Do It in the Proximity of a Parked Vehicle by Timothea Leung

If You are Going to Fall Down and Hurt Yourself, Best Do It in the Proximity of a Parked Vehicle by Timothea Leung
Jul 24, 2017
Newsletters

ZTGH Community Newsletter vol. 3

ZTGH Community Newsletter vol. 3
Jul 20, 2017
Blogs

LAT says ATV incident on Owner’s Property Isn’t An Accident and That The Doctrine of Estoppel Is Not a Remedy Within the LAT’s Jurisdiction by Marni Miller

LAT says ATV incident on Owner’s Property Isn’t An Accident and That The Doctrine of Estoppel Is Not a Remedy Within the LAT’s Jurisdiction by Marni Miller
Jul 19, 2017
Appellate

No Justification Needed For Accident Benefits Examinations. Eric Grossman interviewed in Law Times News

ERIC K. GROSSMAN
ERIC K. GROSSMAN
Jul 17, 2017
Appellate

Court of Appeal Says: Ours is Not to Reason Why, Ours is Just to Show Up to the EUO

JENNIFER J. GRIFFITHS
JENNIFER J. GRIFFITHS
Jul 06, 2017
Appellate

First LAT Appeal to the Divisional Court Applies the Reasonableness Standard of Review to a MIG Determination

EVAN A. ARGENTINO
EVAN A. ARGENTINO
Jul 05, 2017
Blogs

Application of the Transmission of Force Doctrine in Priority Disputes: Unifund Assurance Co. v. ACE INA Insurance Co, 2017 ONSC 3677 by Amanda Lo Cicero

Application of the Transmission of Force Doctrine in Priority Disputes: Unifund Assurance Co. v. ACE INA Insurance Co, 2017 ONSC 3677 by Amanda Lo Cicero
Jul 05, 2017
Appellate

The Standard of Review: Pretty Soon Someone Will Get Tired of Reviewing This

MEREDITH HARPER
MEREDITH HARPER
Jul 04, 2017
Blogs

Is a Personal Liability Umbrella Excess To An Owner’s Policy or Vice Versa? Benson v. Walt

MATTHEW C. OWEN
MATTHEW C. OWEN
Jun 29, 2017
Newsletters

ZTGH Community Newsletter vol. 2

ZTGH Community Newsletter vol. 2
Jun 28, 2017
Blogs

CAT Designation at LAT Not Easily Secured

CAT Designation at LAT Not Easily Secured
Jun 13, 2017
Appellate

Supreme Court of Canada Says That Diagnosis and Expert Evidence Not Required For Finding of Compensable Mental Injury by Amanda Lo Cicero

Supreme Court of Canada Says That Diagnosis and Expert Evidence Not Required For Finding of Compensable Mental Injury by Amanda Lo Cicero
Jun 12, 2017
Blogs

Taxi Company Found Not To Be Vicariously Liable for Sexual Assault Perpetrated By Its Driver by Dagmara Mroczkowska

Taxi Company Found Not To Be Vicariously Liable for Sexual Assault Perpetrated By Its Driver by Dagmara Mroczkowska
Jun 12, 2017
Blogs

LAT Smackdown by Executive Chair on Lack of Transparency and Accountability of Adjournment Decision Making by Timothea Leung

LAT Smackdown by Executive Chair on Lack of Transparency and Accountability of Adjournment Decision Making by Timothea Leung
Jun 07, 2017
Blogs

Court Dismisses Constitutional Challenge of SABS and Tort Amendments in Ontario Insurance Act

MEREDITH HARPER
MEREDITH HARPER
Jun 05, 2017
Blogs

LAT critical of Applicant Experts Who Do Not Perform Validity Tests: H.Y. and Aviva Insurance Co.

SUZANNE CLARKE
SUZANNE CLARKE
Jun 05, 2017
Newsletters

ZTGH Community Newsletter vol. 1

ZTGH Community Newsletter vol. 1
May 31, 2017
Appellate

The Limits of Good Faith Obligations: Usanovic v. Pencorp Life Insurance Company

The Limits of Good Faith Obligations: Usanovic v. Pencorp Life Insurance Company
May 29, 2017
Blogs

How Much LAT-itude Will the Divisional Court Give On Judicial Review of a LAT “Non” Decision? Aviva Canada Inc. v. Taylor 2017 ONSC 2661 by Marni Miiller

How Much LAT-itude Will the Divisional Court Give On Judicial Review of a LAT “Non” Decision? Aviva Canada Inc. v. Taylor 2017 ONSC 2661 by Marni Miiller
May 23, 2017
Appellate

Judicial Interventions During a Trial – How Far is Too Far?: Cannon v. Cemcor Apartments Inc., 2017 ONCA 378

SUZANNE CLARKE
SUZANNE CLARKE
May 23, 2017
Blogs

Does The Litigation Guardian Need To Sign A Release Where Court Approval Required? by Amanda Lo Cicero

Does The Litigation Guardian Need To Sign A Release Where Court Approval Required? by Amanda Lo Cicero
May 18, 2017
Blogs

Being Late At The LAT: Does Late Service Of A Report Mean A Hearing Will Be Adjourned? by Marni Miller

Being Late At The LAT: Does Late Service Of A Report Mean A Hearing Will Be Adjourned? by Marni Miller
May 17, 2017
Blogs

Too Little, Too Quick To The LAT

PETER A. B. DURANT
PETER A. B. DURANT
May 15, 2017
Appellate

Perfection Is Not Required: ONCA finds that strict compliance with s.227(1) of the Insurance Act Is Not Required For An Excluded Driver Endorsement by Danielle Malone

Perfection Is Not Required: ONCA finds that strict compliance with s.227(1) of the Insurance Act Is Not Required For An Excluded Driver Endorsement by Danielle Malone
May 12, 2017
Blogs

Accident Benefits Regime Does Not Provide Vested Rights: MVACF and Barnes

Accident Benefits Regime Does Not Provide Vested Rights: MVACF and Barnes
May 10, 2017
Blogs

CAO Reaffirms That Commercial Hosts Can Assume “Occupier” Status of Municipal Sidewalks by Nicholas Carmichael

CAO Reaffirms That Commercial Hosts Can Assume “Occupier” Status of Municipal Sidewalks by Nicholas Carmichael
May 10, 2017
Events

Thriving in Changing Times: ZTGH’s 9th Annual Seminar

Thriving in Changing Times: ZTGH’s 9th Annual Seminar
May 05, 2017
Events

Eric Grossman is presenting at the OTLA Spring Conference on New CAT definitions – What has been working?

ERIC K. GROSSMAN
ERIC K. GROSSMAN
Apr 27, 2017
Blogs

Putting House in Wife’s Name After Being Sued For Over Limits Claim May Be Considered A Fraudulent Conveyance by Courtney Madison

Putting House in Wife’s Name After Being Sued For Over Limits Claim May Be Considered A Fraudulent Conveyance by Courtney Madison
Apr 24, 2017
Blogs

Is There An Obligation To Disclose The Identity Of The Insurers Responding On Behalf Of The Defendant To A Jury? By Nasyr Asmi

Is There An Obligation To Disclose The Identity Of The Insurers Responding On Behalf Of The Defendant To A Jury? By Nasyr Asmi
Apr 24, 2017
Blogs

Insurers Flat Fee Agreements Should Not Inure to the Benefit of Unsuccessful Plaintiffs: Connors v. D’Angelo by Timothea Leung

Insurers Flat Fee Agreements Should Not Inure to the Benefit of Unsuccessful Plaintiffs: Connors v. D’Angelo by Timothea Leung
Apr 18, 2017
Events

Eric Grossman and Marni Miller is presenting at the CDL Accident Benefits Spring Symposium

ERIC K. GROSSMAN
ERIC K. GROSSMAN
Apr 13, 2017
Blogs

LAT Addressed Whether an Applicant Can Claim Attendant Care For Injuries They Claim Were Sustained in Utero by Marni Miller

LAT Addressed Whether an Applicant Can Claim Attendant Care For Injuries They Claim Were Sustained in Utero by Marni Miller
Apr 10, 2017
Blogs

Low Solicitor Client Charge Does Not Necessarily Provide Windfall to Losing Party in Action Obliged to Pay Costs by Nasyr Asmi

Low Solicitor Client Charge Does Not Necessarily Provide Windfall to Losing Party in Action Obliged to Pay Costs by Nasyr Asmi
Apr 05, 2017
Blogs

Potentially Large Changes Loom For Jury Trials In Motor Vehicle Accident Cases by Robert Jones

Potentially Large Changes Loom For Jury Trials In Motor Vehicle Accident Cases by Robert Jones
Apr 03, 2017
Blogs

Case Proves Yet Again That You Will Get $0 Costs At The LAT

PETER A. B. DURANT
PETER A. B. DURANT
Mar 22, 2017
Blogs

Insurance Brokers May Be on a Collision Course With Insurers Over Coverage Issues by Robert Jones

Insurance Brokers May Be on a Collision Course With Insurers Over Coverage Issues by Robert Jones
Mar 13, 2017
Blogs

First Costs Award Levied by LAT Against Insurer for Unreasonable Conduct: $250 for Breaching Production Order

SUZANNE CLARKE
SUZANNE CLARKE
Mar 13, 2017
Blogs

Disney Dreams Do Not Always Come True: Family Vacation Expenses Not Payable as Rehabilitation Benefits in F.V. v Wawanesa by Amanda Lo Cicero

Disney Dreams Do Not Always Come True: Family Vacation Expenses Not Payable as Rehabilitation Benefits in F.V. v Wawanesa by Amanda Lo Cicero
Mar 13, 2017
Events

William Sproull is presenting at the Ontario Bar Association: “Update on the New AB Changes (Since April 1st and June 1st, 2016)

WILLIAM SPROULL
WILLIAM SPROULL
Mar 09, 2017
Appellate

Implied Consent for 15 Year Old Not Easily Established: Conners v. D’Angelo by Nicholas Carmichael

Implied Consent for 15 Year Old Not Easily Established: Conners v. D’Angelo by Nicholas Carmichael
Mar 02, 2017
Appellate

SJ Motions – The Implications of Not Showing Up and Taking Adverse Position Later: D’Onofrio v. Advantage Car & Truck Rentals Limited, 2017 by Robert Jones

SJ Motions – The Implications of Not Showing Up and Taking Adverse Position Later: D’Onofrio v. Advantage Car & Truck Rentals Limited, 2017 by Robert Jones
Feb 27, 2017
Accident Benefits

Eric Grossman speaking about the new CAT definition at Osgoode: Accident Benefits 2017, What is new? What is important?

ERIC K. GROSSMAN
ERIC K. GROSSMAN
Feb 24, 2017
Blogs

Circumstances Affecting Discoverability in Property Cases by Timothea Leung

Circumstances Affecting Discoverability in Property Cases by Timothea Leung
Feb 23, 2017
Appellate

Under Age Drinking in Your Home: Social Host Liability Revisited in Wardak v. Froom

MICHAEL P. TAYLOR
MICHAEL P. TAYLOR
Feb 23, 2017
Blogs

Pizza Oven Heat Therapy by Heather Kawaguchi

Pizza Oven Heat Therapy by Heather Kawaguchi
Feb 16, 2017
Blogs

Driving Without Insurance Conviction Doesn’t End Discussion in Civil Context if Whether or Not Policy is Validly Cancelled: CAO Says Not an Abuse of Process to Allow Such Evidence to Be Examined in Intact v. Federated by Richard Kreder

Driving Without Insurance Conviction Doesn’t End Discussion in Civil Context if Whether or Not Policy is Validly Cancelled: CAO Says Not an Abuse of Process to Allow Such Evidence to Be Examined in Intact v. Federated by Richard Kreder
Feb 16, 2017
Appellate

The Supreme Court of Canada Weighs in on Whether CPP Disability Benefits are “Disability Benefits from a Policy of Insurance”: Sabean v. Portage La Prairie Mutual Insurance Co. 2017 SCC 7

The Supreme Court of Canada Weighs in on Whether CPP Disability Benefits are “Disability Benefits from a Policy of Insurance”:  Sabean v. Portage La Prairie Mutual Insurance Co.  2017 SCC 7
Feb 14, 2017
Blogs

How Much Latitude Will the LAT Give to Missed Deadlines: S.G. and Unifund

SUZANNE CLARKE
SUZANNE CLARKE
Feb 12, 2017
Blogs

Side Agreements in Loss Transfer Situations Reprised: Wawanesa v. ACE INA

WILLIAM SPROULL
WILLIAM SPROULL
Feb 12, 2017
Blogs

Chain Reaction Collisions in Loss Transfer May Require a Leap(frog) of Logic: Kingsway v. Dominion by Amanda Lo Cicero

Chain Reaction Collisions in Loss Transfer May Require a Leap(frog) of Logic: Kingsway v. Dominion by Amanda Lo Cicero
Feb 08, 2017
Appellate

How Much LATitude is there for Adding Issues to Existing FSCO Cases after April 1, 2016: Aviva and Duong

MEREDITH HARPER
MEREDITH HARPER
Feb 01, 2017
Events

Eric Grossman is presenting at CAT-apult Yourself into the New World of CAT and LAT

ERIC K. GROSSMAN
ERIC K. GROSSMAN
Feb 01, 2017
Blogs

Repayment of Overpayments at the LAT: Aviva Canada and S.A., 2016 CanLii 96164 by Marni Miller

Repayment of Overpayments at the LAT: Aviva Canada and S.A., 2016 CanLii 96164 by Marni Miller
Jan 31, 2017
Blogs

The Effect of Side-Agreements Between Insurers and their Insureds in Loss Transfer Situations: Certas Direct v. ACE INA

WILLIAM SPROULL
WILLIAM SPROULL
Jan 31, 2017
Events

Eric Grossman presenting at the TAS, Tricks of the Trade on SABS and LAT: One year later

ERIC K. GROSSMAN
ERIC K. GROSSMAN
Jan 27, 2017
Blogs

Section 33 Non Compliance Can Bite A Claimant: Tesfagiorgis and State Farm (FSCO A14-003779)

MEREDITH HARPER
MEREDITH HARPER
Jan 25, 2017
Blogs

Priority Rules and the Strict 90 Day Limitation on Notice – Sometimes 90 days isn’t 90 days: Allstate v. State Farm and Dominion

TANYA ZIGOMANIS
TANYA ZIGOMANIS
Jan 17, 2017
Appellate

Pre-Judgment Interest

MICHAEL P. TAYLOR
MICHAEL P. TAYLOR
Jan 10, 2017
Blogs

How to Profit from a Stolen German Luxury Vehicle: Burden of Proof in Car Theft Claims by Nicholas Carmichael

How to Profit from a Stolen German Luxury Vehicle: Burden of Proof in Car Theft Claims by Nicholas Carmichael
Dec 14, 2016
Blogs

Onus and Burden of Proof in Loss Transfer cases: The Personal v. Zurich

WILLIAM SPROULL
WILLIAM SPROULL
Dec 11, 2016
Appellate

Who Says Crime Does Not Pay?