In Transportaction Lease Systems Inc. v. Guarantee Co. of North America, decided earlier this week, the Ontario Court of Appeal held that cancellation of auto insurance by a lessee was ineffective to terminate the coverage of the lessor. Accordingly, when…
In Bach v. McKellar, released this afternoon, Master Robert Beaudoin dealt with a situation that arises frequently in insurance litigation. The claim arose out of a motor vehicle accident. The original pleading, issued within the two-year limitation period, claimed damages…
The conference marked its twenty-fifth anniversary this year. It has become one of the premier continuing education programs for civil litigators in this province. Our own Heather Williams is one of the organizers and we are proud of her contribution.
An Oakville couple has been ordered by an Ontario Superior Court Justice Kendra Coats to pay more than $1 million in costs after a jury dismissed their action against their insurer. In DiBattista v. Wawanesa Mutual Insurance Company et al.,…
In Winch v. Kedgh, a case that will be of interest to automobile insurers, Mr. Justice Paul Perell of the Ontario Superior Court has ruled that an injured claimant had no recourse against a tortfeasor’s liability insurance policy, despite the…
An Ottawa Superior Court judge has dismissed a claim for personal injuries arising out of a 2000 motor vehicle accident, on the basis that plaintiff did not meet the Insurance Act “threshold”. The court was satisfied that the injury was…
We have attached a copy of the reasons for judgment in Kinsmen et al. v. Walker Estate, a decision of Mr. Justice Denis Power that was handed down last week. Our firm acted for the plaintiffs in this subrogated claim for…
In St. Denis v. TD Insurance, decided on October 9, an Ontario Superior Court judge considered the one-year limitation period for theft claims in the standard Ontario auto policy. (The limitation, found in statutory condition 9, relates to claims for…
In a decision released this afternoon, Mr Justice Geoffrey Morawetz dismissed a personal injury action alleged to have arisen from a motor vehicle accident. He found that the plaintiff had not established that her injuries met the threshold. His rather…
The Superior Court of Justice has held that an insurer of a leased vehicle is entitled to subrogated against a driver who operates the vehicle without the proper licence. In Certas v. Strifler, the policy was issued to the lessee…