The Court of Appeal has just released an important decision that will be of interest to those handling MVA claims. In Igbokwe v. Price, the court ruled that the trial judge’s finding, that the plaintiff’s injuries met the Insurance Act…
The Divisional Court’s decision in Frankfurter v. Gibbons, which was the subject of an earlier Update, has already been applied in an Ontario Superior Court trial decision. In Bridgewater v. James, Mr. Justice Herman J. Wilton-Siegel cited the Frankfurter decision…
In Hunter v. Economical Insurance Group, Mr. Justice Robert MacKinnon of the Ontario Superior Court has ruled that an excluded driver endorsement was not ambiguous and that even though the accident occurred three years after the endorsement was issued, the…
Happy New Year to all of our subscribers. We are pleased to tell you that you are now able to view our previous Updates at our website: www.cavanaghwilliams.com We are attaching a copy of the costs decision in Hartwick v….
In a decision that was good news for insurers, the Ontario Divisional Court has reversed the finding of Superior Court Justice Wilton-Siegel, that injuries suffered in a 1999 MVA met the threshold under s. 267.5(5) of the Insurance Act ….
There will soon be some significant changes to the way that BI damages are assessed in MVA cases. In this edition of our Update, we will try to assist you in applying these new principles.
The case of Meadowview Heights Ltd. v. Revivo raises some issues reminiscent of our undergraduate philosophy course in “Personal Identity”. But on a more prosaic level, the case is a useful interpreation of the exclusion, found in both homeowner’s and…
Royal & SunAlliance v. Lombard and Allianz is a Divisional Court decision from last month that slipped by us. It’s of some interest, so better late than never… RSA is suing Allianz for reimbursement for the amount paid to settle…
Nothing earth-shattering about Goodliff v. Woodcock, but it is the latest case to deal with “accidental fires”. Usually, it’s the landlord’s insurer suing the tenant (and running into the body of caselaw where implied waivers of subrogation have frequently been…
In Desbiens v. Mordini, Mr. Justice Harvey Spiegel has written a very lengthy, comprehensive set of reasons in a personal injury case in which one of the key issues was the interpretation of “catastrophic impairment” in Regulation 461/96 of the…