More than Appealing – The Supreme Court of Canada approves the exercise of judicial review in addition to statutory rights of appeal
Injuries from physical assaults inside and outside a vehicle are not an ‘accident’ attracting SABS coverage
The LAT Cannot Decline to Consider Submissions at First Instance and Brand Them As Fresh Evidence In Reconsideration
Confirmation of employment does not automatically eliminate the need for an OCF-10 where IRB and NEB tests are met on an OCF-3
Adjudicator Grieves Finds a Stand-Alone Award Claim Permissible and Awards $5,550 for a Delayed NEB Payment
Catastrophic Assessment Report is Section 45(2)1 Compliant But Claimant Still Not CAT
Eric Grossman is speaking at the Medico-Legal Society’s Annual Catastrophic Loss Program on February 13th
Rebecca Brown Greer is speaking at the CDL Costs Program on February 9th
Medical Evidence Matters
COVID-19 Related Business Interruptions Do Not Constitute an Insurable Loss
Sur-reply will be granted by LAT in Written Hearings to Deal with New Evidence Submitted in Reply
The Right to a Jury Trial Disappears Once a Claim Moves into Simplified Rules says a Recent Decision
The Court of Appeal for Ontario Draws a Line for Rebuilding Coverage Costs
Jonathan Schrieder is speaking at the CDL Accident Benefits Fall Classic on Fighting Fraud
Hallowe’en 2023: NewsLATter
Late NEB Claim not Excusable – Failure to Submit OCF 3 Bars Claim Prior to its Submission
Ignorance of the Law Apparently IS an Excuse: ONCA Addresses Coverage Implications on Consensual Use by Unlicensed Individuals: Pridmore v Drenth
Get It Right the First Time, Because Reply is Not a Second Kick at the Can
Rome Wasn’t the Only Thing Burning: Medical Marijuana and Fire Loss Claims: Nero v Allstate
The Updated LAT Rules: Category 1 and 2
LAT Determines That Applying the CAT Definition as Outlined in the Legislation at the Time of the Accident is the Most “Harmonious Interpretation” by Adam Imtiaz
The Updated LAT Rules: Which Rules apply as of August 21, and which Rules apply based on Date of Application/First Notice of CC by Karina Dziuba
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
August 2023: NewsLATter – The New LAT Rules
The New LAT Rules: A Free 1-Hour Webinar, September 28th at 12p
The New LAT Rules: Effective August 21st, 2023
Entitlement to attendant care benefits requires an Applicant to establish the services were incurred
Psychological Injury Claim as a result of Family Member’s Injury Must Result from Physical Injury to Family Member Rather than Psychological Injury By Noah Beiles
Why the LAT does not have jurisdiction over repayment of settlement funds
“Regular Use” Gets Expansive Application in Priority Dispute by Noah Beiles
LAT Orders Applicant to Pay $350 in Hearing Attendance Fees to Each IE Assessor She Summoned
Personal Testimony During a Hearing is Important, but at the LAT – Impairments Must be Supported by Evidence by Joshua Edmunds and Sawarn Benning
June 2023: NewsLATter
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
OBA: Anatomy of a Trial – Examination of Police Accident Reconstructionist and Expert Engineer
Jennifer Griffiths and Rebecca Brown Greer are speaking at the CDL: Defending AB Claims Crash Course – June 9th
Shanti Barclay is speaking at the OBA: Anatomy of a Trial Fundamentals Revisited – June 15 & 16
Challenging Testamentary Capacity
Be careful what you Motion for: Frivolous and vexatious behaviour at the LAT can cost you
LAT Adjudicator Concludes Applicant Unable to Add Issues in Dispute Too Close to the Hearing Date
April 2023: NewsLATter
The Licence Appeal Tribunal’s Application of Res Judicata in the MIG Context
LAT Adjudicator Finds That Technical Deficiencies in a Settlement Disclosure Notice Do Not Provide an Automatic Right to Rescind 20-year Old Settlement Agreement
Suzanne Clarke is Chairing the Black Cultural Competency Webinar for Insurance Defence Lawyers
LAT Adjudicator Concludes that the LAT Lacks Jurisdiction to Amend FSCO Orders
Ontario Court of Appeal Finds Medical Reason Is Not Required to Terminate IRBs
What is an Insurer’s Potential Exposure and Responsibilities Beyond the 260-week Post-Accident Mark? Han v. Wawanesa
February 2023: NewsLATter
Suzanne Clarke will be Speaking at the MLST Annual CAT Program
First Decision of Its Kind on How to Calculate Post 65 IRB when Collaterals Paid to Age 65 Rescinded: Schuknecht v Economical
Weekly Benefits Claim Barred by Breach of S.55
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
Happy New Year 2023
Virtual Webinar: Emerging Issues at the LAT with Peter Durant, Rebecca Brown Greer, Ashley Shmukler, and Lauren Kolarek
December 2022: NewsLATter
A Finding of Catastrophic Impairment does not Automatically Deem Denied Payments Prior to a Declaration of CAT to be Deemed Incurred
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 Divisional Court Brings Greater Clarity to the Term Employed under s. 5(1) of the Statutory Accident Benefits Schedule
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
Loss Transfer Arbitrator Refuses to Deduct Past Collaterals from Post-65 IRB Calculation
October 2022: NewsLATter
EI Sickness Benefits are Deductible from IRBS
Failing to Elect a Benefit Under the SABS May Bar an Applicant from Proceeding with a Claim
Compliant Notice to Self-Represented Claimant does not need to be Re-Served and Limitation Clock does not Re-Start When Counsel Subsequently Retained
LAT finds Surgically Implanted Prosthesis Should be Turned Off for Rating Catastrophic Impairments Under AMA Guides
Rebecca Brown Greer will be speaking at the SABS Summit: Key Updates on Accident Benefits
Judicial Review is not a Vehicle to Sidestep the Ontario Legislature’s Intent to Limit Court Interference with Accident Benefits Disputes
Meredith Harper will be a panelist at this year’s Motor Vehicle Litigation Summit
Jennifer Griffiths will be presenting at the 5th Motor Vehicle Litigation Summit
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
Procedural Issues involving Expert Witnesses – Excluding, Deemed Undertaking Rule and Scope of Expertise: Crecoukias v Toronto Transit Commission by Julia Cohen
What Level of Corroboration is Required to Establish the Existence of an Unidentified Motorist? Hearsay Evidence is Acceptable
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
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
Warren v Licence Appeal Tribunal, 2022 ONSC 3741: LAT Processes Do Not Create Procedural Unfairness by Julia Cohen
Ontario Court of Appeal Provides Direction for Accident Benefits Appeals Process: Judicial Review or Appeal?
Shanti Barclay is presenting at the OBA Anatomy of a Trial on the Cross-Examination of a Defendant Driver
June 2022: Loss Transfer and Priority News
Proving File Mishandling in Loss Transfer Disputes: Arbitrator Bialkowski Weighs in by Julia Cohen
GOS-E Is Not an Automatic Admission into CAT Funding: Adams v. Federated Insurance Company of Canada, 2022 ONLAT 20-009293/AABS by Karina Dziuba
Dakota Forster is speaking at the OBA Covid-19 and the Older Population Remedies Update
Shanti Barclay is presenting at the OBA program Prosecuting and Defending Covid Related Insurance Claims
Reducing Amount of Claim to Fall within Monetary Jurisdiction of Simplified Rules Does not Oust Substantive Right to a Jury Trial
Rebecca Brown Greer is speaking at the 22nd Annual Travel Health Insurance Association Cancun
Suzanne Clarke is speaking at the OTLA webinar, Too Many IEs
Optional Benefits and the Implications on Priority Rules: Continental Casualty Company v. Chubb Insurance Company of Canada (2022 ONCA 188)
Eric Grossman is speaking at the Osgoode Certificate in Motor Vehicle Accident Law and Practice
OAP 4 Garage Policies and Road Tests: Who Has Priority?
There Will Be No Re-Litigating Issues at the LAT
NewsLATter: March 2022
Specified Benefits are Not Payable Prior to the Submitting of an OCF-3, No Matter the Excuse
Upcoming Changes to the Rules of Civil Procedure: Will They Help Make Litigation More Efficient?
LAT Finds CAT Designation Restricted to those Persons Directly Involved in an Accident under Pre-June, 2016 SABS.
Eric Grossman is speaking at the Medico-Legal Society Catastrophic Loss Update
Nathalie Rosenthall is speaking at the Osgoode PD program – Accident Benefits: What is New, What is Important
Superior Court Rules SPECT Scan Evidence Inadmissible
Procedural Fairness in GCS Score for Catastrophic Impairment Analysis Requires Collateral Evidence to be Allowed
Exclusions: Are They a Free Pass to Negligence? The Court of Appeal Says No.
Happy New Year, 2022
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)
Reconsideration by the LAT reverses earlier decision and finds CERB not akin to EI and not deductible from IRB
Home Acquisition Costs are Not a Benefit under the SABS
Eric Grossman is speaking at the Canadian Defence Lawyers AB Fall Classic: November 18, 2021
Does the LAT Have Jurisdiction to Grant Interim Benefits to Insured Persons? The LAT says it does NOT
How Technical does a Review of Reasons for Denial have to be? Not So Much
Firewalls between AB and BI departments – A Cautionary Tale
Virtual Discoveries and Worsoff v. MTCC
Transparency: It Applies to Litigation Loans Too – Davies v. The Corporation of the Municipality of Clarington
LAT finds CERB to be akin to EI and Therefore Deductible from IRBs: Update – Decision Overturned
Important Two Part Evidentiary Requirement Exists Before an Expense is Deemed Incurred Under S3(8) of the SABS
Shanti Barclay is speaking at the Medico-Legal Society of Toronto’s Long Term Care and Bill 218 Program
Rheaume v. Foster, 2021 ONSC 5804: Court Imposes Discovery Plan in a Simplified Rules Action
Civil Procedure & Practice in Ontario: Rules of Civil Procedure Chapters, Pre-Trial Procedures, Rule 47 – Jury Notice – 2021
It’s all Relative – Were They Really Involved in the Accident? by Kimberly To
Tipping v. Coseco Insurance Company: Peripheral Issues in an Accident Benefits Claim
Uber Sized Headache If You Are Using Your Personal Vehicle for Commercial Deliveries Without Disclosing It to Your Insurer
LAT Rejects Applicant’s Argument of Deficient Section 44 IE Notices, bars Application from Proceeding
Court Denies Motion to Strike Declaratory Relief in Statement of Claim
A Denial of Pre-104 Attendant Care Benefits does not Start the Limitation Period Clock for Post-104 Attendant Care Benefits
The Divisional Court Provides Guidance on Jurisdiction, Standard of Review, Calculation of Attendant Care Benefits, and Criteria for Special Awards
Competing Diagnostic Criteria for Chronic Pain Syndrome at the LAT by Mélia Muboyayi et al.
Section 7 of the LAT Act and the Impact on Limitation Periods
Suzanne Clarke is speaking at the MLST program: Learn How to Untie the Gordian Knot of Expert Witness Handling at the LAT
The Limitations Act and Discoverability Relating to Unidentified Motorist Claims
June 2021: EUO News
LAT Denies Benefits Until Such Time as the Claimant Attends EUO
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
Definition of an Accident Under the Schedule in a Rideshare Context
Homes Alone: Managing your Vacancy Exclusion in Difficult Times
The Incompatibility of Jury Notices with the new Rule 76: Lightfoot v Hodgins
Shanti Barclay is presenting at Osgoode PD Personal Injury Law and Practice Update on Long Term Care, Covid-19 and Bill 218
How Involved Do You Need to Be to be Involved in Accident Under the SABS? Arijana B. Schrauwen
Striking the Jury Notice for Delay During the Covid-19 Pandemic – A Discussion of Two Recent Decisions
Progress Made Towards Changes To Estates Law In Ontario
Tribunal Suspends Benefits for Claimant’s Failure to Attend EUO
“People Make Mistakes”: The Trials and Tribulations of an Articling Student During a Pandemic By: Endi Batino
There is No Longer Impunity for Online Behaviour: The Tort of Internet Harassment in Ontario
Ontario Reports February 26, 2021 Issue Highlights Duggan v. Durham Region Non-Profit Housing Corp., 2020 ONCA 788
The Covid-19 Emergency Orders and the Implications on Limitation Defences: A Discussion by Arijana B. Schrauwen
The Substantive over the Procedural
Redefining LAT Costs Awards pursuant to Rule 19 of the Common Rules of Practice and Procedure
The Applicable Standard of Review in Accident Benefits Priority Claims Gets a New Look Due to Vavilov
Tearing Down Firewalls – An Attack of Fundamental Principles
Important Appeal re s. 7 of LAT Act is Postponed until February 19, 2021
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
True Benefit or Practical Drawback? Union Disability Benefits and Collateral Deductibility By Ledya Abdalla
Happy New Year, 2021
Duggan v. Durham Region Non-Profit Housing Corporation – direction from the Court of Appeal on Bifurcation and stare decisis
Shanti Barclay is moderating the Medico Legal Society Program on Long Term Care
The Limitations Act and the SABS: A Minor Problem, Aquino vs. Aviva Insurance Company, 2020 ONLAT 19-006577/AABS
Motions to Strike a Jury – an Evidence Based Approach
Dishing the Dirt – Litigating is a Family Matter
Self-Represented Parties Do Not Get an Automatic Pass: Huma v. Mississauga Hospital et al. By: Aryeh Samuel and Yalda Aziz
Questions of Capacity and Settlement Documents – Lessons at the LAT by Arijana B. Schrauwen
Shooing Away Applications for Unreasonable CAT Assessments: R.M. v. Certas By: Aryeh Samuel and Melia Muboyayi
ZTGH’s 12th Annual Educational Seminar: Innovation and Resilience Litigating Claims Through Covid-19
Revisiting Causation: Better Late Than Never by Ledya Abdalla
Big Case, Little Impact; FCA negates to deal with property damage trigger in finding BI coverage for Covid-19
The Admissibility of Expert Accident Reconstruction – Shanti Barclay and Evan Argentino
What Does “With” Mean when it comes to the CAT Definition Related to Traumatic Brain Injury by Arijana B. Schrauwen
How Much Does a Release Cover? The Applicability of Releases Between Actions in Temple v. Bailey
Switching Gears with E-Bikes: Insurance Related Issues
The Consequences of an Insured’s Failure to Attend Insurer’s Examinations. By Aryeh Samuel and Jonathan Beiles
Interplay Between Doctrine of Discoverability and Claims for Income Replacement Benefits. By Aryeh Samuel and Jonathan Beiles
Managing Cases to Trial: Sun v. Ferreira and Dismissal of Summary Judgment Motion
Applications to Approve a Settlement: What Will and Will Not Satisfy Judges
Summons to Produce Third Party Records: An Issue of Procedural Fairness Where Timing is Everything By: Aryeh Samuel and Diana McBey
Ontario Court of Appeal Confirms Entitlement to Proceeds of ATE Policy
#Vanlife During COVID-19: What You Need to Know Before Heading Out in an RV
Mind the Gap Between What is and is Not an “Accident” – P.H. v. Aviva
The LAT Awards Applicant over $20,000 in Reasonable and Necessary Medical Marijuana
LAT Upholds Insurer’s Right to an IE Despite PIPEDA and Charter Challenges
New Vehicle Coverage – A Warning to Insurers When New Vehicles Are Acquired by Arijana B. Schrauwen
What Constitutes a Proper Denial of Specified SABS Benefits for the Purposes of Starting a Limitation Clock in Disputing that Denial?
Should HST count against an Insured Person’s benefit limits?
Want an Order from LAT Compelling the payment of ongoing benefits after benefits reinstated by Insurer? Think again….
Spilling the Tea at the LAT isn’t as lucrative as spilling the coffee in court: M.P. v Allstate
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
Residential Fires and COVID: In our COVID -19 World, it is Important to Remember Safety First
Zarek Taylor Grossman Hanrahan – Response to the Attorney General’s Request for Submissions on Civil Jury Trials
2014 Amendment for Incurred Accident Benefits Applies to Earlier Accidents
May 2020: EUO Newsletter
Tips for Staying Focused During COVID-19
Timing Is Everything: Ontario Summer Camps and Business Interruption Insurance
The Show Must Go On: Using Technology In Litigation
NS Supreme Court Confirms Exclusion of Common Law Spouses in Intestacy
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.
Michael Taylor is presenting at the OBA Anatomy of a Trial
To Smoke Weed, or to Not Smoke Weed, That is the Question… by Chantalle J. Youkhana
Jennifer Griffiths is speaking at BDO’s Annual Accident Benefits Conference Toronto
Clarification on the Reasonable Foreseeability of Injury or Harm Arising From the Theft of a Vehicle
Vacancy Exclusions
Jennifer Griffiths is presenting at the Advocates’ Society Licence Appeal Tribunal Advocacy Seminar
TRAVEL MEDICAL INSURANCE AND COVID-19
Court of Appeal Clarifies the Duty to Defend and Ability to Control Litigation Where Overlapping Coverage Exists: Markham v AIG
Jennifer Griffiths is presenting on Loss Transfer and Priority Issues in the OBA Key Update on Accident Benefits
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.
COVID-19: Limitations Need Not Apply
Business Interruption Claims Under the Coronavirus (COVID-19) Pandemic
Last Minute Counsel Switcharoo: Adjournment Tactics in Mallette v. The Wawanesa Mutual Insurance Company by Arijiana B. Schrauwen
Important Upcoming Appeal re Limitations Periods at the LAT
CDL Hearsay – The Appropriate Corporate Representative on Discovery: It is always better to check, lest, of course, you risk a wreck
Discoverability and Threshold in a Summary Judgment Motion – Two Years From When?
“Death-bed will” not an automatic rebuttal of testamentary capacity – Krolewski v Moniz
The “New” Standards for Standard of Review
Bars to Success: Importance of s. 53.03 Timelines and Plaintiff Consent to Medicals by Arijana B. Schrauwen
Reserve Information Irrelevant and Not Subject to Production: Kanani v. Economical
Traders v. Gibson – Who’s in your Household: The Non-Arm’s Length Renter
Bernard v. Lamarsh: Pursuing Credits or Saving Costs – We Can’t Have it All
Happy New Year 2020
It´s All Too Much: Graham v. Graham
Don’t Shoot the Messenger
Doctrine of Discoverability Applies: Tomec v. Economical
Credibility is a Triable Issue for Insurance Claim of a Stolen Ring worth over $500,000.00
Treating Experts Cannot Meet with Insurer To Prepare to Give Evidence at a Hearing
BC Court Finds That Limiting the Number of Experts in Motor Vehicle Accident Cases is Unconstitutional by Dagmara Mroczkowska
Deference Owed to Adjudicators : Waldock v State Farm Mutual Automobile Insurance Co.
ZTGH 11th Annual Educational Seminar: There is no “I” in ZTGH
Failure to Submit OCF-3 Acts as Complete Bar from Appealing Insured’s Refusal to Pay IRBs By Michelle Isenstein
Divisional Court Determines Standardized Denial Letters Won’t Suffice to Deny Medical Treatment Under the SABS
Tolling Agreement Must Mean There was a Limitation To Toll in the First Place: M.H. and Western Assurance Company by Dagmara Mroczkowska
Aviva Insurance Company v Wawanesa Mutual Insurance Company, 2019 ONCA 704: Who is a “lessee” under priority rules?
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
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
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
All’s Fair in Love and Wills
Does “accident” under the SABS include a home vehicle repair gone wrong?: CC v Intact
Response to Section 33 Non Compliance Must be Timely To Have any Chance of Being Viewed As Reasonable Explanation
Limitation Defence Meets its Match in Section 7 of the LAT Act
Pre-Existing Psychological Conditions No Bar to CAT Designation by Doug Letto
Expert Reports: Disclosure Obligations with Respect to Letters of Instruction and Other Foundational Documents: Edwards v. McCarthy
How Much is Too Much to Charge in Fees on an AB Cashout
The Court’s View of Priority Disputes between Accident Benefit Insurers Providing Basic Mandatory Versus Optional Enhanced Coverages to their Insureds
Reconsideration Decision: What constitutes “compelling evidence” of a pre-existing condition and who holds the burden of proof? by Mallory Allan
CAT Assessment Costs Are Excluded From the Non-CAT Entitlement Limit by Gordon Lee
Ontario Court of Appeal Holds Rescission Ab Initio Not Available for Auto Policies
How Much Attendant Care is Enough Attendant Care? LAT Considerations for CAT Applicants Arijana B. Schrauwen
Appraisal Process Trumps Litigation as a Means of Resolving Insurance Related Property Valuation Issues by Josephine Comegna
No-Show at Insurer Examination Bars LAT Claim: O.H.A and Aviva General Insurance Company by Mallory Allan
Go to EUO But Don’t Answer Questions: That is a No Go – 17-002366 v Coachman by Diana McBey
Material Misrepresentation Exclusion Tough to Prove: 18-001028 v. Aviva Insurance Canada by Mallory Allan
Reconsideration Denied: Legality Of Third Party IE Vendors And Adjudicator Discretion In Hearing Formats by Gordon Lee
Shanti Barclay is presenting at the OBA: Anatomy of a Trial
Don’t Believe Everything You Read: It Is Possible to Address Credibility in a Written Hearing by Josephine Comegna
Surprising the Panel at Divisional Court: Barnes v. Motor Vehicle Accident Claims Fund, 2019 ONSC 1782 (CanLII)
Late Claim By Insured for Retroactive Attendant Care Allowed with Interest: 18-000790 v. Jevco Insurance Co.
When Can “Big Brother” Be Watching You ….and Not Tell You about It? by Chantalle J. Youkhana
Brian Yung is speaking at the CDL Law Clerks 2019 Program on Docketing and Time Management
Tripta Sood is speaking at the Osgoode Accident Benefits 2019 Program
After The Event Insurance: Who Gets The Proceeds? Peter B. Cozzi Professional Corporation v. Szot, 2019 ONSC 1274 by Leah Dick
Nathalie Rosenthall is speaking at the CDL Loss Transfer/Priority Disputes program
CAT IEs: How Many is Too Many?
Jennifer Griffiths is speaking at the Medico-Legal Society’s 9th Annual Catastrophic Impairment Program
But For Misstating the Test – “But For” is the Causation Test for Accident Benefits: Sabadash v State Farm
Shanti Barclay and Shannon Wood are speaking on Cannabis Coverage Issues at the CDL Coverage Symposium
Ignore LAT Rules and Case Conference Orders on Production Timelines at Your Peril: 18-005028 v. Allstate
Unlike Peter Pan, In the World of Insurance, People Do Grow Up: Adult Children Are Not Members of the Household
Slip and Falls on Public Property: Are you an Occupier? Janssen v. William and Markle Jewellers Ltd. Clarifies by Leah Dick
Happy New Year 2019
Resolute Advocacy Requires Submissions by Counsel at Least to Have a Reasonable Basis or Be Made in Good Faith
No “Do-Overs” For Priority Acceptance By Sophisticated Insurer Litigants: The Case of Pembridge Insurance Co. v. Sovereign General Insurance Co.
Zone of Privacy Extends Litigation Privilege To Active Claims Even When One “Dispute” Resolves: M.D. v. Aviva by Greg Specht
Silos Replace Apples: Treatment of Collateral Benefit Deductions in the Court of Appeal
An Occupational Hazard For Truck Drivers: Underinsurance by Chantalle Youkhana
10th Annual Educational Seminar at the King Edward Hotel
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
Status of Being an Insured Person Comes from SABS Definitions and Nowhere Else: 18-001020 v Wawanesa
Discoverability and Claims for Contribution and Indemnity
Reasonable and Necessary? A Closer Look at 17-006160 v Aviva Canada
Cannabis Cheat Sheet
Implied Consent Not Easily Established – Leigh and Michaud-Shields by Greg Specht
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
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
A Diagnosis of Chronic Pain is not on its own Sufficient to Take A Claimant out of The MIG
LICO Approach with Pre-Tax Dollars Applied in Echelon General Insurance Company and Unifund Assurance by Natalie Laing
Making the Case for Chronic Pain at the LAT: MNM v. Aviva 17-007825
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
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
Court of Appeal Upholds Decision to Maintain Administrative Dismissal, Clarifies Application of Rules 48.15 Since Repealed by Devon McIntyre
Refusal to Mediate, the Use (and Expense) of Jury Focus Groups, ATE Insurance, and Their Impact on Costs – Canfield v. Brockville Ontario Speedway
Jennifer Griffiths is Presenting at the BDO Canada Accident Benefits Conference in Ottawa
An Uber Decision: First Priority Arbitration Involving Ridesharing Policy Finds That Uber Policy is Priority Insurer for an Uninsured Passenger’s Accident Benefits Claim
Law Society Takes 6+ Years, But Finally Strips Roland Spiegel’s Licence as a Paralegal by Natalie Laing
Supreme Court of Canada Revisits the Duty of Care: Rankin (Rankin’s Garage & Sales) v. J.J. (2018 SCC 19) by Dagmara Mroczkowska
Executive Chair Lamoureux Says Request for Reconsideration at the LAT Must Precede Judicial Review
Eric Grossman and Michael Taylor are presenting at the OBA Anatomy of a Trial Program seminar
Trust Disputes
Guardianship Disputes
Elder Abuse
Jennifer Griffiths is presenting at the BDO 22nd Annual Accident Benefits Conference on “The Perfect Accident Benefits File”
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
Jennifer Griffiths is presenting at the Advocates’ Society Licence Appeal Tribunal (LAT) Advocacy Program
Rule 9.1 of the LAT Rules of Practice and Procedure Used to Give a Dilatory Claimant A Second Chance To Submit Evidence
Reasonableness Standard Applied by Court of Appeal Even Where Parties Agree to Correctness Standard in Arbitration Agreement
Refusal to Attend a Section 44 Insurer’s Examination Results in the Tribunal’s Refusal to Hear the Matter by Nora Refai
Estate Compensation Disputes
Stand Alone Bad Faith Claim Not Actionable in the Courts – Licence Appeal Tribunal Has Sole Jurisdiction By: Nora Refai
Insurance Proceeds Disputes
Have No Fear: Limitation Period Defences Do Still Exist At The LAT
Nathalie Rosenthall is speaking at the Osgoode Accident Benefits 2018: What’s Current, What’s Important Seminar
Lessons From the Court of Appeal: A Driver’s Standard of Care During a Drug Deal And Summary Judgment With A Limited Evidentiary Record
Defence of an Estate Trustee
Trials and Tribulations in Getting a Defence Medical Exam: Rintjema v TD Home
Disputes Between Siblings Over Family Property
Heather Kawaguchi is presenting at the Motor Vehicle Litigation Summit 2018
Eric Grossman speaking at Medico-Legal Society of Toronto’s Don’t Be CAT-atonic Seminar
Court Of Appeal Applies Reasonableness Standard Of Review To Arbitral Decisions Resolving Priority Disputes Between Insurers
Disputes Between Beneficiaries
Eric Grossman Presenting the the 13th Annual National Forum on Administrative Law and Practice
Power of Attorney Disputes
Tanya Zigomanis is Presenting at the OBA Program on the Intersection Between Insurance Law and Workers’ Compensation Law
Live By The Sword And Get Skewered On Costs When You Lose by Alex Woo
Contested Wills
Podcast: Steps to Contesting a Will
I Won! Making Sense of a Jury Verdict in the Changing World of Personal Injury Law, WP Magazine February 2018
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
Nathalie Rosenthall speaking at the OIAA Claims Conference
Nathalie Rosenthall is Presenting at the OIAA Claims Conference on Loss Transfer and Priority Issues
Last Minute Surveillance Prior To Trial Can Lead To Mistrial and Lots of Costs
Dependency Claims
Disputes Arising From Gifts
Executive Chair Extends LATitude to Limitations in Reconsideration on Her Own Initiative
LeFeuvre v. Boekee: Insurers Can Lose Control of the Handling of the Defence of a Claim When There is Potential Conflict with Their Insureds
Disputes Between Beneficiaries and Estate Trustees
Mental Incompetency Issues
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
No Analogous Care; Professional Attendant Care Providers Have To Be the Real Deal: Terranova and Economical by Lauren Furukawa
LAT Finds that An Intentional Failure to Notify of a Change in Material Risk Entitles an Insurer to Repayment by Natasha Milne
Secret Recording of a Defence Medical Examination is Not Permitted by Tripta Sood
LAT Determines that Mistaken Payments Do Not Give Rise to Argue Equitable Estoppel
Happy New Year 2018
LAT Confirms That Injuries Arising Out of Staged Accidents Are Not Compensable Under the SABS by Alex Woo
What Can Priority Learn From Loss Transfer?
Timothea Leung, Marni Miller, and Meredith Harper are presenting at the CDL: Preparing for your first arbitration or trial
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 Refuses To Hear Motion On Putting Effect of Statutory Deductible To The Jury, Nwokomah v. Galle, 2017 ONSC 6880 by Nicholas Carmichael
Eric Grossman Presenting at the OTLA Fall Conference: Battle Tactics for Trial Lawyers
Do Legislative Changes Affect Vested Rights? The 1% Solution by Nora Refai
Broad Definitions Of “Automobile” and “Accident” For Accident Benefits Claims At The LAT
LAT Adjudicator Truck-ulent About Applying Secion 61 WSIAT Election
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
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
FSCO Finds MIG Unconstitutional In Respect Of Its Treatment Of Chronic Pain by Amanda Lo Cicero
Deemed Waiver of Solicitor-Client Privilege Requires Making Legal Advice a Substantive Issue in a Party’s Claims or Defence by Robert Jones
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
David v. Tangri: Using the Deemed Undertaking Rule to Use a Plaintiff’s Tort Discovery Transcript at the LAT
Capacity Issues Can Crop Up At Anytime and Vigilance is Required When Settling AB Claims by Robert Jones
Does Family Protection Endorsement on Company Car Apply for Underinsured Coverage Arising From Out of Province Rental Car Use? by Nicholas Carmichael
ATE Insurance Policy Has An Impact On Costs Award Against Unsuccessful Personal Injury Action
If You are Going to Fall Down and Hurt Yourself, Best Do It in the Proximity of a Parked Vehicle by Timothea Leung
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
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
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
The Standard of Review: Pretty Soon Someone Will Get Tired of Reviewing This
Is a Personal Liability Umbrella Excess To An Owner’s Policy or Vice Versa? Benson v. Walt
CAT Designation at LAT Not Easily Secured
Supreme Court of Canada Says That Diagnosis and Expert Evidence Not Required For Finding of Compensable Mental Injury by Amanda Lo Cicero
Taxi Company Found Not To Be Vicariously Liable for Sexual Assault Perpetrated By Its Driver by Dagmara Mroczkowska
LAT Smackdown by Executive Chair on Lack of Transparency and Accountability of Adjournment Decision Making by Timothea Leung
Court Dismisses Constitutional Challenge of SABS and Tort Amendments in Ontario Insurance Act
LAT critical of Applicant Experts Who Do Not Perform Validity Tests: H.Y. and Aviva Insurance Co.
The Limits of Good Faith Obligations: Usanovic v. Pencorp Life Insurance Company
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
Judicial Interventions During a Trial – How Far is Too Far?: Cannon v. Cemcor Apartments Inc., 2017 ONCA 378
Does The Litigation Guardian Need To Sign A Release Where Court Approval Required? by Amanda Lo Cicero
Being Late At The LAT: Does Late Service Of A Report Mean A Hearing Will Be Adjourned? by Marni Miller
Too Little, Too Quick To The LAT
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
Accident Benefits Regime Does Not Provide Vested Rights: MVACF and Barnes
CAO Reaffirms That Commercial Hosts Can Assume “Occupier” Status of Municipal Sidewalks by Nicholas Carmichael
Thriving in Changing Times: ZTGH’s 9th Annual Seminar
Eric Grossman is presenting at the OTLA Spring Conference on New CAT definitions – What has been working?
Putting House in Wife’s Name After Being Sued For Over Limits Claim May Be Considered A Fraudulent Conveyance by Courtney Madison
Is There An Obligation To Disclose The Identity Of The Insurers Responding On Behalf Of The Defendant To A Jury? By Nasyr Asmi
Insurers Flat Fee Agreements Should Not Inure to the Benefit of Unsuccessful Plaintiffs: Connors v. D’Angelo by Timothea Leung
Eric Grossman and Marni Miller is presenting at the CDL Accident Benefits Spring Symposium
LAT Addressed Whether an Applicant Can Claim Attendant Care For Injuries They Claim Were Sustained in Utero by Marni Miller
Low Solicitor Client Charge Does Not Necessarily Provide Windfall to Losing Party in Action Obliged to Pay Costs by Nasyr Asmi
Potentially Large Changes Loom For Jury Trials In Motor Vehicle Accident Cases by Robert Jones
Case Proves Yet Again That You Will Get $0 Costs At The LAT
Insurance Brokers May Be on a Collision Course With Insurers Over Coverage Issues by Robert Jones
First Costs Award Levied by LAT Against Insurer for Unreasonable Conduct: $250 for Breaching Production Order
Disney Dreams Do Not Always Come True: Family Vacation Expenses Not Payable as Rehabilitation Benefits in F.V. v Wawanesa by Amanda Lo Cicero
William Sproull is presenting at the Ontario Bar Association: “Update on the New AB Changes (Since April 1st and June 1st, 2016)
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
Eric Grossman speaking about the new CAT definition at Osgoode: Accident Benefits 2017, What is new? What is important?
Circumstances Affecting Discoverability in Property Cases by Timothea Leung
Under Age Drinking in Your Home: Social Host Liability Revisited in Wardak v. Froom
Pizza Oven Heat Therapy by Heather Kawaguchi
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
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 Will the LAT Give to Missed Deadlines: S.G. and Unifund
Side Agreements in Loss Transfer Situations Reprised: Wawanesa v. ACE INA
Chain Reaction Collisions in Loss Transfer May Require a Leap(frog) of Logic: Kingsway v. Dominion by Amanda Lo Cicero
How Much LATitude is there for Adding Issues to Existing FSCO Cases after April 1, 2016: Aviva and Duong
Eric Grossman is presenting at CAT-apult Yourself into the New World of CAT and LAT
Repayment of Overpayments at the LAT: Aviva Canada and S.A., 2016 CanLii 96164 by Marni Miller
The Effect of Side-Agreements Between Insurers and their Insureds in Loss Transfer Situations: Certas Direct v. ACE INA
Eric Grossman presenting at the TAS, Tricks of the Trade on SABS and LAT: One year later
Section 33 Non Compliance Can Bite A Claimant: Tesfagiorgis and State Farm (FSCO A14-003779)
Priority Rules and the Strict 90 Day Limitation on Notice – Sometimes 90 days isn’t 90 days: Allstate v. State Farm and Dominion
Pre-Judgment Interest
Happy New Year 2017
How to Profit from a Stolen German Luxury Vehicle: Burden of Proof in Car Theft Claims by Nicholas Carmichael
Onus and Burden of Proof in Loss Transfer cases: The Personal v. Zurich
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
Act with Clean Hands in SIU Cases: Economical Mutual Insurance Co. v. Alakeswaran by Jeremy Shaw
Protecting Privileged Surveillance and a Defendant’s First Right of Discovery
Broadly Worded Contracts Can Result in an Absurdly Broad Duty to Defend: Hill v. Intact Insurance Company by Jeremy Shaw
Can You Apply for Uninsured Motorist Coverage for Your Own Insured Vehicle?
Surprise Surprise: Clear Terms of an Insurance Related Contract are Enforceable: Routh Chovaz Insurance Brokers v Aviva by Jeremy shaw
Nailing Down Inconsistencies and Asking the Adjudicator to Draw a Negative Inference – Lan Thi Nguyen and State Farm Mutual Automobile Insurance Company (FSCO A13-012623)
Mandatory Means Mandatory: Claimants must proceed through the dispute resolution scheme found in sections 279 to 283 of the Insurance Act by Amanda Lo Cicero
The LAT is No Fresh Prince for Plaintiffs: Belair and Scarlett is Being Followed So Far by Emma Duggan
Determining Threshold After the Jury Has Spoken or Scaling the Wall of the Deductible: A New Challenge to Cost Awards by Nicholas Carmichael
Can An Insurer Deny a Claim for Misrepresentation After Honouring It Initially: Kayretli and the Personal
Eric Grossman is a guest panelist at Flaherty McCarthy and inHealth’s seminar: Resort to LAT or Last Resort?
Tutorial on Procedural Fairness – Waldock v. State Farm Mutual Automobile Insurance Co., 2016 ONSC 6546
Court of Appeal Affirms Power of Counsel to Time Disclosure of Expert Reports
Intact v. Beaudry: Consenting to the IE and the Forms Used to Memorialize that Consent
Who Knew: Electric Golf Carts Operated in an Airport Terminal Aren’t “Automobiles” by Tom Hughes
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
Huang v Braga: How to Deal With Capacity Assessments for Unrepresented Litigants
Eric Grossman and Heather Kawaguchi presenting at the 2016 CDL Accident Benefits Fall Classic
Claimants Cannot Get Much Mileage Out of Going to the LAT: The Decision in J.H. v Intact by Amanda Lo Cicero
Tripta Sood is presenting at LSUC’s Plaintiff’s Personal Injury Law Practice Basics 2016
When Summary Judgment is Reasonable and Necessary: The Importance of Responsive Medical Reports by Timothea Leung
The Cost of Doing Business: The Issue of Costs at LAT
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?
Dissolved Corporation Has a Right To Defend
90 Day Notice Not Only To Be Strictly Construed v. Other Insurers in Priority Claims, But Also To Insured Person
Kick and Save a Beauty – Goalies Get Rewarded But it Costs Insurers Who Deflect: The Priority Case of State Farm v TD & MVACF
Everything You Ever Wanted to Know About Threshold Motions, But Were Too Afraid to Move On Before Trial
Canadian Underwriter: Single Recovery
PiPEDA Cannot Be Used As a Sword by Clinics Accused of Fraudulent Billing
Coaxing apart the Gordian Knot: Untangling Priority Disputes Where Claimant Has a Choice of Insurer and Has Not Exercised It
Falling on Ice is not an Accident except when it is an Accident: How Not to Stumble While Navigating Through this Slippery Area of the Law
Eric Grossman is speaking at The New AB Alphabet Soup: The Ins and Outs of the New Accident Benefits Dispute Resolution Regime
Eric Grossman is presenting at Practical Law’s Top 5 Things You Need To Know About The New AABS
Understanding the Causation Test – Chisholm, Assaults and You
ZTGH’s 8th Annual Client Seminar
State Farm and Aslan – Exams Under Oath: Just Give Them One Good Reason by Tom Hughes
Thomas Hughes is speaking at the Accident Benefits Symposium, April 28 2016
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
Oatley McLeish Guide to Motor Vehicle Litigation
The Road to OPCF-44R Recovery: It Runs Through Minnesota and Ends with Special Damages
Insurance Defence Boutiques Have Flexibility in Approach – Eric Grossman interviewed in fhe Law Times
Attendant Care as Self-Employed Income
The Changing Accident Benefits Regime: Ontario Regulation 251/15
Without Prejudice – Young Lawyer Dinner Series.
No Duty to Defend: Precision Plating vs. Axa, Intact and Schill
Canadian Defence Lawyers Event – Loss Transfer and Priority Disputes.
Accident Benefits 2016, Osgoode Professional Development
No Duty to Defend: AXA Insurance wins appeal
Randhawa and State Farm: The Importance of Being Earnest
I’m an Alien, I’m an Illegal Alien, How Do I Claim Uninsured Motorist Coverage?
Abuse of Process in Priority Disputes
What Do Accident Benefit Insurers Know and When Do They Know It: An Important Reminder
One-on-One with Eric Grossman in Practical Law Canada The Magazine, Spring 2015
IE Rights with No Strings Attached
The AIDRS Open Information and Q & A
Quick and Dirty – That’s How Loss Transfer Rolls
FSCO Assesses the Capacity of a Self-Represented Claimant
The Sleeper – Negligent Entrustment as an Additional Source of Liability
Smitiuch Injury Law, Tripta Sood – Expert Panel Member, Annual Accident Benefits Seminar “Practical Issues for Health Care Professionals”
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
Dominion of Canada General Insurance Company v. Axa Insurance (Canada) et al. (Hunter)
The Impact of Bill 15 and Why Everyone Should Be Worried
Punitive Damages Award Involving A Staged Accident
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
Cuff v. Gales, 2014 ONSC 4756: A Cautionary Tale with respect to Interlocutory Motions for Undertakings and Refusals by Courtney Madison
Rule 6.1.01 does not remove the Court’s inherent jurisdiction to bifurcate a non-jury trial
Azzopardi v. Doe
Schmitz v. Lombard General Insurance Company of Canada by Hassan Ahmad
Saisho v. Loblaw Companies Ltd
Are Summary Judgement Motions the Most Inefficient and Least Inexpensive Method of Litigation? Maybe so… by Zeitoon Vaezzadeh
Sagan v. Dominion of Canada General Insurance Company
Gvorffy v. Drury by Dilraj Sandhu
Kozel v. The Personal
Stillwell v. World Kitchen Inc., et al. (2013) by Sarah Deol
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
Pursuing Insureds for Reimbursement where the Insurer denies coverage and settles the Plaintiff’s Claim
Jetport Inc. v. Global Aerospace Underwriting Managers
Understanding Non-Earner Benefits
The Top Five(ish) Accident Benefits Decisions of 2013
Scarlett v. Belair
Trottier v. Beauchamp – Scandalous Statistics and Purchasing Patterns in Pleadings
Katanic v. State Farm by Hassan Ahmad
The Dominion of Canada v. Chambers
Arbitration – The Hearing & Post-Hearing Matters
The Top Five Accident Benefits Decisions of 2011
Arbitrations: An Insurer’s Perspective
Rewarding Trepass and Other Enigmas – The Strange World of Self-Exclusion and Casino Liability
Top Ten Accident Benefits Cases 2008-2009
Commentary on ACE INA Insurance Company v. the Co-Operators
Personal Injury Settlements: Resolution Oriented Case Management, Mediation and Arbitration
Types of Motions
The Impact of Monks v. ING
Accident Benefits and the WSIB-Covered Claimant
Accident Benefits: Lessons From The Past With The Hope For A Better Insurance Product In The Future
Commentary on Arts v. State Farm Mutual Automobile Insurance Company (2008) O.J. No. 2096
When an Accident is Really an Accident, an Update on the “Use and Operation” of an Automobile
“Fair, Large and Liberal”, Where CAT Is At
McIntyre v. Grigg — A Case Comment: Punitive Damages and More
Videotaping Defence Medicals
An Insurer’s Approach to Defending Punitive Damages
Tricks of the Trade 2007: Practical Strategies for Winning Auto Cases
Social Host Liability
The Role of Medical Evidence in Determining Whether a Brain Injuryis “Catastrophic”
Childs v. Desormeaux — Social Host Liability or Just Another Case?
Ontario Court of Appeal Broadens Scope of Governmental Liability
Is it Now Open Hunting Season on Insurance Adjusters?
Bill 59 — Eighteen Months Later
A Practitioner’s Perspective on Slip and Fall Cases
Case Annotation: R. v. Kansa General Insurance Company