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…
A plaintiff who was seriously injured in “an altercation” outside his former house has been unsuccessful in his attempt to collect his judgment from AXA Insurance. The case is Umlauf v. AXA and a copy is attached. The plaintiff obtained a $1.8 million…
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…
We have attached a copy of a recent decision of the Ontario Superior Court that will be of interest to those dealing with accident benefits claims. The case is Alfred v. Allstate. The name might be familiar to you, as…
The Court of Appeal has refused to correct an anomaly in the Statutory Accident Benefits Schedule, despite finding that it resulted from an error made in drafting the Insurance Act regulation. We attach a copy of the decision in Beattie…
This edition of Update includes: a case that deals with the determination of “catastrophic impairment” in the context of automobile insurance; and “discoverability” in a fatal accident claim.
The Court of Appeal has just released a decision that is important to anyone working in the area of automobile tort litigation. The case is Joachin v. Abel. The plaintiffs in that case had been injured when the defendant Abel…
This edition of Update includes: Catastrophic Impairment Section 267.5(3) of the Insurance Act protects defendants from liability for damages for “health care expenses” unless the person has sustained a catastrophic impairment as defined under Regulation 461/96. In Snushall v. Fulsang, an Ontario Superior…