Happy Canada Day à tout le monde!We wish we could be the bearers of more cheerful news on this festive day. In an important decision, a judge of the Superior Court has just ruled that the Insurance Act does not…
A Superior Court decision released today has confirmed that an insured seeking an order setting aside a settlement of accident benefits must first repay money paid pursuant to the settlement. In Lindsay v. Martin, the text of which can be…
In Pereira v. Coseco Insurance, released last month, an Ontario Superior Court judge stayed the insured’s lawsuit pending her attended for a DAC assessment. The reasons for judgment can be viewed at http://www.canlii.org/on/cas/onsc/2004/2004onsc11180.html The claim related to med-rehab benefits. The…
In its May 11, 2004 decision in Wicken v. Harssar, the Divisional Court has clarified s. 267.5(9) of the Insurance Act. That section of the Act deals with the effect of the deductibles on costs. It provides that “In an…
In Kalinkine v. Superintendent of Financial Services Commission, a Superior Court decision released this week, The Personal Insurance Company was ordered to reimburse the Motor Vehicle Accident Claims Fund for accident benefits payments paid in error by the Fund. We…
We have attached a copy of the decision in Navage v. Pilot Insurance, just released by the Ontario Superior Court. It deals with the consequences of an insurer’s failure to comply fully with the provisions of s. 9.1 of a former…
A rare bird has been sighted: a threshold decision in favour of the defence. In Singh Kapoor v. Patterson, a copy of which is attached, Justice Wein dismissed an action arising out of a 1998 MVA. The dismissal was based on the…
We have attached a copy of the decision in Navage v. Pilot Insurance, just released by the Ontario Superior Court. It deals with the consequences of an insurer’s failure to comply fully with the provisions of s. 9.1 of a…
A rare bird has been sighted: a threshold decision in favour of the defence. In Singh Kapoor v. Patterson, a copy of which is attached, Justice Wein dismissed an action arising out of a 1998 MVA. The dismissal was based…
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…