In Baron v. Kingsway General Insurance Company, Superior Court Justice Gladys Pardu rejected the argument of a statutory accident benefits claimant, that the insurer was not entitled to its own medical assessment because a CAT-DAC assessment had already found him…
In The Provident Bank v. Wells Fargo Bank Northwest, released today, the Court of Appeal considered whether a party’s covenant to insure had the effect of relieving the party to whom the covenant was allegedly given, from liability in negligence….
Here’s a case that we missed when it was first released last September. It has just been reported in the Ontario Reports, so the lawyers, judges and masters who subscribe to our Updates will already have seen it. But for the…
Ruling does not disturb FSCO finding that one hour after accident was “reasonable time” for GCS reading to be taken.
The latest chapter in the Eichmanis litigation is a ruling on whether either of two homeowner’s insurance policies provided liability coverage to a 15 year old boy who had pleaded guilty to criminal negligence causing bodily harm as a result of having…
In a rather unusual ruling, Mr. Justice Herman Siegel has awarded costs on a substantial indemnity basis to a defendant, on the basis that both litigants were commercial parties with substantial resources and access to specialized legal advice. The award…
Today’s decision in Hazan v. ING Insurance Company of Canada considers (but does not decide) an interesting issue in Ontario insurance law: must an insurer prove that it has delivered a copy of the insurance policy to the insured before…
In two Ontario Superior Court decisions released this week, insureds have been denied relief from forfeiture in actions against their insurers. The first is Niagara Gorge Jet Boating Ltd. v. AXA Canada Inc. This is a decision of Madam Justice…
The Court of Appeal released an interesting decision this afternoon, dealing with several issues. Most significantly, the case addressed the extent to which a commercial host, found to have over-served both a driver and a passenger, can be held responsible…
A decision dealing with the Insurance Act threshold was released this afternoon by Superior Court Justice Gordon Killeen, in Brak v. Walsh. Justice Killeen found that, in this case, the threshold had not been met. This was a motor vehicle case…