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By Kevin Mitchell
In this January 5, 2018 priority dispute private arbitration award of Ken Bialkowski, the main issue was principle dependency; a construct of the definitions contained in s. 3(7)(b) of the SABS.
By Kevin Mitchell
The arbitrator started by defining the duration of the time period pre-loss to be considered that would give the best indication of the situation that existed as of the date of loss.
By Vagmi Patel
In Security National Insurance Co. v. Allen, Justice Fragomeni of the Divisional Court upheld the decision of Director Delegate Blackman's , finding that when an organic brain injury...
By Alexandra Wilkins
In Grieves v. Parsons, the Plaintiff was injured in a motorcycle accident on July 24, 2012.
By Tim Gillibrand
On reconsideration of a decision at the License Appeal Tribunal (LAT), Executive Chair Linda Lamoureux has confirmed that an insurer's deficient notice under Section 38 of the SABS will have strict consequences.
By Lindsay Woods
In Mabe Canada Inc. v. United Floor Ltd., the Ontario Court of Appeal weighed in on the standard of care in the context of contractual duties and industry practices.
By Devan Marr
The Court found that the limitations clock began to run once payment of benefits ceased.
By Dan Inkpen
In Melo v. Northbridge Personal Insurance Corporation, Justice Croll, writing for The Divisional Court, confirmed that pursuant to s. 11(6) of the License Appeal Tribunal Act, an appeal from a decision of the Tribunal ...
By Alexandra Wilkins
In Sacks v. Ross, the Ontario Court of Appeal dealt with how to apply the causation test in medical negligence cases involving multiple tortfeasors.
By Shalini Thomas
In the FSCO Appeal Decision of State Farm and Sabadash (P16-00029), Director's Delegate Evans conducts a thorough analysis of the key jurisprudence on causation in Canada of the key causation decisions:
By Fiona Brown
In Osmond v Watkins, 2017 ONSC 5729 (CanLII), the defendant successfully brought a summary judgment motion against his contractor.
By Devan Marr
The Court of Appeal upheld Broad J.'s decision and provided helpful guidance for LTD insurers.
By Lisa Armstrong
The Court of Appeal released two decisions that hopefully put to bed the debate about the effect of legislative changes made in 2015.
By Daniel Strigberger
The Court of Appeal for Ontario has held that a Minnesota tortfeasor with only $500,000 liability limits is an "inadequately insured motorist" under the Family Protection Endorsement in Ontario...
By Lisa Armstrong
In a decision on a preliminary issue released September 7, 2017, Vice Chair Trojek of the LAT held that a catastrophically impaired Applicant missed the two year limitation period to dispute ...