Court of Appeal Rejects Discoverability Argument
A recent example shows that the new summary judgment rule may be used in cases where plaintiffs claim they did not discover they had a claim...
Plaintiffs Denied Costs of Jury Trial
A London judge recently denied costs to plaintiffs following a jury trial which saw them recover less than 10% of their claim. In Mayer v. 1...
Evidence Required to Dismiss a Non-Earner Benefits Claim
In Willoughby v.Dominion of Canada General Insurance Co , 2014 ONSC 1136 (S.C.J.), the plaintiff sustained injuries in a motor vehicle accid...
Substantial Indemnity Costs for Unsubstantiated Bad Faith Claim
In Sagan v. Dominion of Canada General Insurance Company , 2014 CanLII 16478 (SC.J.), the defendant insurer successfully moved to dismiss th...
Courts Have Inherent Jurisdiction to Order Assessments by Non-Health Practitioners
For several years, there have been two streams of cases regarding whether courts can order independent medical assessments by non-health pra...
Auto Liability Basics
Auto insurance liability limits come in a few different forms as well as in many different levels. The two main forms of auto insurance lia...
Action Against Municipality Dismissed for Failure to Give Notice
The new test for summary judgment as set out in the Supreme Court in Hryniak has been applied to dismiss a claim against a Municipality for...
Duty to Defend - Extrinsic Evidence Not Permitted
In Liardi v. Riotrin Properties (Kingston) Inc. , 2013 ONSC 7544 (S.C.J), the defendant, Future Shop, brought a motion for a declaration tha...
Action Against Municipality for Failing to Repair Potholes Dismissed
Justice Leach has conducted a thorough review of the standard of care for a municipality as it relates to potholes in the decision of McLeod...
Requests to Admit Can Be Reviewed on an Interlocutory Basis
Can the validity of responses to a Request to Admit be reviewed on an interlocutory basis? Yes, according to a recent motion decision. In G...
“The Cruel World of Claims-made-and-reported Policies of Insurance”
Those are the words of Justice Quinn of the Ontario Superior Court of Justice in Certain Underwritersat Lloyd’s of London v. All Spec Home I...
Plaintiff entitled to coverage despite driving with expired licence
Sometimes even when you win, you lose. We previously blogged on Kozel v. Personal Insurance Co . A copy of our previous post is found here...
Counsel Should Not Review Draft Expert Reports
A recent trial decision held that counsel should not review draft expert reports. In Moore v. Getahun , 2014 ONSC 237 (S.C.J.), the pla...
Claim for Contribution and Indemnity for Negligent Supervision Not Caught by Exclusion Clause
The Court of Appeal recently held that an insurer was obligated to defend a homeowner against a Third Party Claim alleging she failed to s...
Limitations periods for claims of negligent supervision allowing sexual assaults to occur
Choc v. Hudbay Minerals Inc. , [2013] O.J. No. 3375 (S.C.J.) is a case that may be of interest to institutional defendants of sexual assau...
Snow Emergencies Overview
With all the snow and ice today I though it would be good to have a refresher on what snow level emergencies meant. Find emergency classifi...
The Test for Determining Implied Consent to Use a Motor Vehicle
In Myers-Gordon(Litigation guardian of) v. Martin , 2013 ONSC 5441 (S.C.J.), the defendant’s son drove his mother’s car while impaired an...
Supreme Court Sets Out The Test for Summary Judgment
The Supreme Court has overturned the "full appreciation" test used by the Ontario Court of Appeal in summary judgment. The appeal...
Small Businesses Need Liability Insurance
Today many small businesses are popping up. The reasons for this vary. Many want to be their own boss, some people are creating their own ...
The Limitation Period in False Arrest/Imprisonment Cases
A recent decision looks at when the limitation period begins to run in a false arrest/false imprisonment case, as well as the impact of a pe...
Motion to Add Party Must be Served but not Heard Before Limitation Period Expires
When a plaintiff seeks to add a party defendant, must the motion be heard prior to the expiry of the limitation period? According to Justice...
Settlement Implies Release Will be Furnished
In most cases, parties are able to agree on the form of release when a settlement has been reached. A recent case confirmed that there is a...
Extended Dwelling Coverage on a Homeowner
Many moons ago all insurance companies used to have guaranteed replacement cost endorsement you could put on your homeowner policy. This end...
Happy Holidays
Happy holidays from the Ontario Insurance Law Blog. We'll return in January with new posts. All the best in 2014!
The Definition of "Dependency" Under the SABS
Does an adult child attempting to become self-supporting qualify as a "dependent" under the SABS? The answer may be "yes...
The Standard of Care in Parking Lots
The Divisional Court recently considered an appeal involving the standard of care in a parking lot. The primary conclusion is that the High...
Attendant Care Benefits under SABS-2010
Can an insurer pro-rate attendant care benefits payable based on the hours of work lost by the attendant care provider? Tyrone Henry was l...
Damages for Intentional Tort Survive Bankruptcy
The Court of Appeal recently released a decision that looks at the interplay of tort law and bankruptcy. In Dickerson v. 1610396 Ont. Inc. (...
Rental Car Coverage
The Holiday Season brings on a lot of travel. People are either taking advantage of time off to go on vacation or they are traveling to se...
Municipality Not Liable in Recreational Trail Case
Recently the Ontario Courts found a municipality not liable, under section 4(1) of the Occupier’s Liability Act, for the plaintiff’s fa...
Leave Required for Refusals Motion After Set Down – Part II
We previously posted on the decision of Jetport v. Jones Brown , 2013 ONSC 2470 (S.C.J.), which held that leave is required for a refusals...
Named Peril vs. Open Peril Homeowner Policies
Many today feel all homeowner policies are the same, that they are a commodity of sorts. In our professional opinion this is not the case. O...
Limitation Periods in Insurance Contracts
Can a one year limitation period in an insurance contract override the two year limitation period? The Ontario Court of Appeal says it can...