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By Alexandra Wilkins
At issue in Applicant and Aviva (2018 Can LII 13190) was whether attendant care was payable for the period of time before the Claimant submitted a Form 1.
By Neil Colville-Reeves
Plenty. Particularly if you are an insurer attempting to advance a subrogated claim and your insured is in bankruptcy protection proceedings.
By Alexandra Wilkins
In Dunk v. Kremer, the 18 year old Plaintiff (Respondent at Appeal) was injured in a motor vehicle accident and suffered a tibia fracture and right talus bone fracture requiring surgery.
By Kevin Mitchell
The February 27, 2018 priority preliminary arbitration award of Ken Bialkowski in Aviva v. Intact involves an 18 year old, unemployed passenger in an Aviva insured auto injured on February 3, 2016.
By Dan Inkpen
A new motion decision of Justice Firestone could have wide ranging ramifications in terms of the timing of when mediations are typically scheduled.
By Kevin Mitchell
When you represent an institutional client in priority or loss transfer disputes, is your client leaving money on the table? They probably are without realizing it.
By Vagmi Patel
In Rolley v. MacDonell, the defendant brought a motion for leave to rely on surveillance video recordings as substantive evidence. Three rounds of surveillance were carried out over a period of one year.
By Alexandra Wilkins
In Persampieri v. Hobbs, the Plaintiff was rear-ended by the Defendant and brought a tort claim for damages. Following a two week trial, the jury awarded net damages of $20,414.83.
By Kevin Mitchell
Recent work on cases has lead me to resurrect some older loss transfer case law that might still assist practitioners with their current cases. The first is the case from our Court of Appeal in...
By Dan Inkpen
In the Superior Court of Justice matter of Jones v. I.F. Propco Holdings (Ontario) 31 Ltd., the defendant sought an order for production of the plaintiff's private profile information including...
By Neil Colville-Reeves
A fire at commercial premises is at the center of a dispute between the insurers of a landlord and tenant in the recently reported decision of Imperio Banquet v. Alternative Access and Mobility. The lease required the tenant to contribute its proportionate share of the landlord's premiums for ‘public liability, fire and other coverages' insurance.
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.