Insurers who have been shocked to see awards of punitive damages in the hundreds of thousands of dollars should count their blessings and be glad they’re not private investigation firms. (copy of decision) In Hordo v. Mrowiec, the Superior Court…
The Court of Appeal today released its decision in Kosanovic v. Wawanesa Insurance, a copy of which we have attached. The decision involved an interpretation of the former s. 2(1)(b) of Ont. Reg. 676. That regulation deals with “Uninsured Automobile…
A recent occupier’s liability case resulted in a ruling in favour of the defence. The case was a fairly garden-variety parking lot slip and fall. What is interesting is that although the trial judge (Madam Justice Sarah Pepall) found that…
The Court of Appeal has just released its decision in Ouellette v. Town of Hearst and we attach a copy of the decision. This is an important case that interprets certain provisions of the former Municipal Act, limiting the right…
We have attached a copy of a recent decision of the Ontario Superior Court that will be of interest to those dealing with accident benefits claims. The case is Alfred v. Allstate. The name might be familiar to you, as…
Attached is a decision handed down last week, dealing with an issue that is (or should be) of growing concern to insurers: premiums on costs. In Walker v. Ritchie, Ontario Superior Court judge Brockenshire awarded a costs premium of $200,000…
It has come to our attention that some recipients of our newsletter have been receiving, in the last several messages, the text of an earlier update. We apologize for this. Below is the text that should have accompanied today’s update….
The Court of Appeal has refused to correct an anomaly in the Statutory Accident Benefits Schedule, despite finding that it resulted from an error made in drafting the Insurance Act regulation. We attach a copy of the decision in Beattie…
This edition of Update includes: a case that deals with the determination of “catastrophic impairment” in the context of automobile insurance; and “discoverability” in a fatal accident claim.
The Court of Appeal has just released a decision that is important to anyone working in the area of automobile tort litigation. The case is Joachin v. Abel. The plaintiffs in that case had been injured when the defendant Abel…