The Divisional Court’s decision in Frankfurter v. Gibbons, which was the subject of an earlier Update, has already been applied in an Ontario Superior Court trial decision. In Bridgewater v. James, Mr. Justice Herman J. Wilton-Siegel cited the Frankfurter decision…
In Hunter v. Economical Insurance Group, Mr. Justice Robert MacKinnon of the Ontario Superior Court has ruled that an excluded driver endorsement was not ambiguous and that even though the accident occurred three years after the endorsement was issued, the…
In a decision that was good news for insurers, the Ontario Divisional Court has reversed the finding of Superior Court Justice Wilton-Siegel, that injuries suffered in a 1999 MVA met the threshold under s. 267.5(5) of the Insurance Act ….
There will soon be some significant changes to the way that BI damages are assessed in MVA cases. In this edition of our Update, we will try to assist you in applying these new principles.
The case of Meadowview Heights Ltd. v. Revivo raises some issues reminiscent of our undergraduate philosophy course in “Personal Identity”. But on a more prosaic level, the case is a useful interpreation of the exclusion, found in both homeowner’s and…
In Desbiens v. Mordini, Mr. Justice Harvey Spiegel has written a very lengthy, comprehensive set of reasons in a personal injury case in which one of the key issues was the interpretation of “catastrophic impairment” in Regulation 461/96 of the…
We have learned that yesterday’s Update on Branco v. Allianz erroneously referred to Allianz as the defendant. In fact, we now understand that Allianz was the AB carrier and although it had been a defendant originally, it was out of…
This case, released today, is a bit of a head-scratcher.In Branco v. Allianz Insurance, the plaintiffs were claiming damages as a result of personal injuries suffered in a motor vehicle accident. The trial lasted eight days before Justice Siegel and…
In A.R.G. Construction Corp. v. Allstate Insurance Co., Mr. Justice Ferrier of the Ontario Superior Court has provided an up-to-date review of the law pertaining to duty to defend, particularly in the context of a CGL policy. The decision can…
The Court of Appeal today released an interesting decision, dealing with the interaction of three policies: auto, boat and homeowner’s. In Axa Insurance v. Dominion of Canada (the reasons can be viewed at http://www.ontariocourts.on.ca/decisions/2004/november/C40387.htm), the underlying litigation arose from a…