Appellate

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

A Modern Approach and Narrow Reading of Legislation Expand Reach of SABS Off-Road

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

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

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

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

Optional Benefits and the Implications on Priority Rules: Continental Casualty Company v. Chubb Insurance Company of Canada (2022 ONCA 188)

Exclusions: Are They a Free Pass to Negligence?  The Court of Appeal Says No.

Section 7 of the LAT Act and the Impact on Limitation Periods

The Ontario Court of Appeal Concludes that A Party’s Resources Is Not a Factor in Weighing its Decision to Not Settle a Case When it Comes to Costs by Grant Black

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

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

Motions to Strike a Jury – an Evidence Based Approach

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

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

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

Ontario Court of Appeal Confirms Entitlement to Proceeds of ATE Policy

Who’s Suing Who? – Tuffnail v Meekes

Ontario’s Insurance Laws do not have Extraterritorial Effect

A Cautionary Tale of Non-Compliance with Documentary Production Obligations

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.

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

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

Doctrine of Discoverability Applies: Tomec v. Economical

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Pre-Judgment Interest

Who Says Crime Does Not Pay?

Watkins v. Western Assurance Company, part 1 No OCF-1 or OCF-3! – A son’s claim for non earner benefits as a result of his mother’s accident dismissed by way of summary judgement

Watkins v. Western Assurance Company, part 2 A son’s derivative claim for breach of contract, mental distress and loss of income due to the alleged negligent handling of his mother’s accident benefits claim

Protecting Privileged Surveillance and a Defendant’s First Right of Discovery

Can You Apply for Uninsured Motorist Coverage for Your Own Insured Vehicle?

Hoang v Vicentini:  Lots of Ink Spilled on this case – is this the end? by Tom Hughes

Experts’ Failures Do Not Toll Limitation Periods for Plaintiffs in a Post-Hryniak World

Permanent Relationships in a Priority Context: Is it Permanent Today? (Intact v Allstate)

Ignore the DRPC at Your Peril

S v. Aviva, If My Impairment is Confusion, This Accident Was a Direct Cause by Tom Hughes

Does a Municipality Owe a Duty of Care to Motorists Where Regulated Taxis Breach Regulation Requiring Minimum Insurance Limits?

90 Day Notice Not Only To Be Strictly Construed v. Other Insurers in Priority Claims, But Also To Insured Person

Canadian Underwriter: Single Recovery

Are Computer Generated Records Sufficient Evidence to Prove A Cancellation of a Policy?

The CAT Came Back – When does the limitation clock start to tick on catastrophic level claims?

Court Says Parked Motorcycle Meets Test. Eric Grossman interviewed in The Laywer’s Weekly

Due Diligence and Limitations –Just Because a Plaintiff is not Diligent, it Does Not Mean that the Limitation Defence Will Succeed

No Duty to Defend: AXA Insurance wins appeal

Vicarious Liability and Consent: Vehicle Owners Beware

Westerhof v Estate of Gee et al.; McCallum v Baker, 2015 ONCA 206: The Scope of Admissible Expert Evidence under the post-2010 Amendments to Rule 53 of the Rules of Civil Procedure – “Back to the Future”

To Bring or Not to Bring: Summary Judgment Motions in the Personal Injury Context Post – Hryniak

Winters v. Haldimand County 2015 ONCA 98: Obvious Hazard, No Duty to Warn

The Top Five Accident Benefits Decisions of 2014

Sagan v. Dominion of Canada General Insurance Company, 2014 ONCA 720: The Ontario Court of Appeal speaks (again) on the limitation period issue in accident benefit claims

Schmitz v. Lombard General Insurance Company of Canada by Hassan Ahmad

Sietzema v. Economical Mutual Insurance Company, 2014 ONCA 111: The Court of Appeal speaks on the Application of the Two Year Limitation Period in Accident Benefit Cases

Scarlett v. Belair

The Top Five Accident Benefits Decisions of 2011

Top Ten Accident Benefits Cases 2008-2009

Commentary on ACE INA Insurance Company v. the Co-Operators

The Impact of Monks v. ING

Accident Benefits: Lessons From The Past With The Hope For A Better Insurance Product In The Future

McIntyre v. Grigg — A Case Comment: Punitive Damages and More

Videotaping Defence Medicals

Ontario Court of Appeal Broadens Scope of Governmental Liability