Category Archives: Insurance News

Catch-all category for developments in the law of insurance.

Defendants Ordered to Pay Costs Where Claims Representative Failed to Attend Mediation in Person

In Laporte v. Ridgewell, Master Lou Anne M. Pope ordered the defendants to pay costs where the claims representative of the defendants’ insurer balked at travelling from outside Windsor for a mediation. The defendants had proposed to have the claims representative participate … Continue reading

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C.A. Overrules Itself, Says Homeowner Not Liable for Fraudulently-Obtained Mortgage

It is not every day that the Court of Appeal says that one of its earlier decisions was wrongly decided, but that is what happened today. In Lawrence v. Maple Trust Company, a five-member panel of the Court said that … Continue reading

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C.A. Says Motor Vehicle Accident Claims Fund is “Insurer” for Purposes of Dispute Resolution

In two decisions, released today, a five-member panel of the Court of Appeal has held that the Motor Vehicle Accident Claims Fund is, for limited purposes, an “insurer”. The cases are Allstate Insurance Company of Canada v. Motor Vehicle Accident … Continue reading

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C.A. Disallows Law Firm’s $60,000 Premium for Result “Beyond Wildest Expectation”

Last April, we began a post by remarking that “The law firm of Kramer Henderson had a very good day today.” Mr. Justice John Belleghem had allowed an appeal from a decision of an assessment office and had allowed a … Continue reading

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Driver of Go-kart Entitled to Liability Coverage Under Auto Policy

FURTHER UPDATE–We understand that the appeal from this decision was heard by the Court of Appeal on October 31, 2007. We’ll report on the appeal decision as soon as it becomes available. UPDATED–Since the original post, some additional discussion of the … Continue reading

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Loss Transfer for Vermont Accident Still Governed by Ontario Law

In Royal & SunAlliance Insurance v. Wawanesa Mutual Insurance Company, Superior Court Justice Frank Newbould has ruled that a loss transfer claim by one Ontario insurer against another, arising out of a car accident that took place in Vermont, is … Continue reading

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C.A. Allows Substitution of One Municipality for Another After Limitation Period

Addendum: The decision discussed in this post was reversed by the Court of Appeal on May 2, 2008. The Court of Appeal noted that the plaintiff’s solicitor had always intended to sue the municipality having jurisdiction over the road in … Continue reading

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Uninsured Coverage Available to Unnamed Insured but Not to Named Insured

In an interesting decision, Mr. Justice David Brown has ruled that a fleet policy issued by Royal & SunAlliance provided uninsured motorist coverage to an employee of Royal’s named insured. The employee had been injured while pouring gasoline into the … Continue reading

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C.A. Holds that SABS Hourly Rates for Attendant Care Are Mandatory

In Daly v. ING Halifax Insurance Company,  the Court of Appeal held that hourly rates for attendant care are set by the Statutory Accident Benefits Schedule and cannot be challenged. The Court accepted the insurer’s argument, that section 50(10) of … Continue reading

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Two Significant Costs Decisions: Indemnity or Reasonableness?

Schouten v. Rideau.pdf Two members of the Superior Court bench in Ottawa have released reasons, both dated December 1, 2006, in which they have commented in detail on how costs should be fixed under Rule 57.03. There are some interesting differences … Continue reading

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