In Pilot Insurance Company v. Sutherland, the Court of Appeal (Justices Rosenberg, Gillese and Lang) allowed an appeal from a decision of Madam Justice Margaret Eberhard of the Superior Court. Her Honour had held that a territorial limitation contained in…
In Williams v. York Fire & Casualty Insurance Company, released today by the Court of Appeal, the court was dealing with a fact situation that often comes up. A driver was involved in an accident. When the accident occurred, the…
Garisto v. Wang is one of relatively few cases in which a trial judges has imposed the costs penalties contained in Rule 76 of the Rules of Civil Procedure. The plaintiff had originally sought damages of $800,000 in this car accident…
Mr. Justice Michael Quigley has ordered that a neuropsychological assessment sought by a defendant in a motor vehicle case, be videotaped. His Honour had been advised that the neuropsychologist whom the defence had retained was not prepared to undertake the…
In three separate applications that were heard together, Madam Justice Elizabeth Stewart of the Superior Court ruled on the scope of an insurer’s examination under oath of a statutory accident benefits claimant. Such examinations are authorized by s. 33(1.1) of the…
Minister of Finance v. Progressive Casualty Insurance Company of Canada contains an interesting discussion of what an insurance company must do before it can terminate an auto policy for non-payment of premiums. (Perhaps the word, “interesting” in the last sentence…
In Moss v. Hutchinson & Associates, Mr. Justice Peter Howden has ruled that benefits received by a plaintiff from the Ontario Disability Support Program (“ODSP”) are not deductible from an award of tort damages. The action arose out of a…
In Biancale v. Vieyra, Mr. Justice David Crane dismissed a plaintiff’s motion to add, as a defendant in the proceeding, one of two drivers involved in the accident in which the plaintiff had been injured. The amendment was sought after…
A new decision of the Ontario Superior Court is a painful reminder to auto insurers of the importance of following the correct procedure in terminating statutory accident benefits. The failure of the insurer to use the correct form of notice…
UPDATE: this decision was reversed by the Court of Appeal on July 17, 2009. The reasons of the Court may be accessed here. The panel agreed that, the plaintiff having had a Glasgow Coma Scale reading of 9/15 within a…