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Searching Content indexed under Insurance by Marco P. Falco ordered by Published Date Descending.
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Section 5(1)(a)(iv) of the Ontario Limitations Act: Not the Broad Provision We all Assumed it to Be
Section 5(1)(a)(iv) of the Ontario Limitations Act, 2002, S.O. 2002, c.24, Schedule B (the "Act") postpones the running of the limitation period where the plaintiff is yet unaware that a legal proceeding would be an "appropriate means" to seek to remedy her loss.
Canada
9 Oct 2018
2
Deference, Deference, Deference: The Effect of Teal on the Standard of Review Applied to Insurance Arbitration Awards
In Teal Cedar Products Ltd. v. British Columbia, 2017 SCC 32, the Supreme Court of Canada drew an important distinction between how the standard of review is applied in appeals from civil matters, as opposed to appeals from an arbitral award.
Canada
29 May 2018
3
Does an Insurer Have a Good Faith Duty to Advise the Insured about a Limitation Period?
There is no doubt that the parties to an insurance contract owe one another a duty of good faith. But does this include a positive duty on the insurer to advise the insured about a limitation period?
Canada
25 May 2017
4
When Are Conclusions of Law Made in a Summary Judgment Motion Binding on the Trial Judge?
As summary judgment motions become the more common way for parties to resolve their disputes, Ontario Courts have had to deal with the consequences of a failed motion.
Canada
13 Mar 2017
5
The Perils Of Taking "No Position" On A Summary Judgment Motion
A recent decision of the Ontario Court of Appeal, D'Onofrio v. Advantage Car & Truck Rentals Ltd., 2017 ONCA 5, asks whether a party who takes "no position" on a summary judgment motion is later bound by the motion judge's findings in the ongoing litigation.
Canada
10 Jan 2017
6
Reasonableness Standard Affirmed In Insurance Case
Canadian courts are showing increasing deference to the decisions of arbitrators.
Canada
4 Nov 2016
7
Discoverability In A Medical Malpractice Action
The plaintiff commenced an action against a general surgeon and the hospital following the removal of an abscess in under her right armpit in December, 2007.
Canada
9 Oct 2014
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