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Category Archives: Auto
S.C.C. Grants Leave in Citadel v. Vytlingam
The Supreme Court of Canada this morning granted leave to Citadel Insurance to appeal last year’s decision of the Ontario Court of Appeal in Vytlingam v. Farmer et al. Subscribers will recall that in that case, three North Carolina youths placed … Continue reading
Posted in Auto, Insurance News
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Another C.A. Decision on “Ownership, Use or Operation”
Yesterday, the Court of Appeal dismissed the plaintiff’s appeal in Blight v. Axa and Royal & SunAlliance Insurance Company. Our firm acted for the successful respondent, Royal & SunAlliance. Royal insured a tenant and the issue was whether the policy … Continue reading
Posted in Auto, Insurance News
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Plaintiff’s Four Accidents Require Analysis of Causation, Consent, Threshold, Protected Defendant and Damages
The recent judgment of Superior Court Justice Ruth Mesbur in Moore v. Wienecke reads more like a law school problem than a real-life set of facts. The plaintiff was involved in motor vehicle accidents in 1998 and 2002, which were the claims … Continue reading
Posted in Auto, Damages, Insurance News, Threshold
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Plaintiff Back to Work, Engaged, But Still Meets Threshold
After a series of recent Bill 59 “threshold” decisions that have favoured insurers (most recently Page v. Primeau, which was the subject of a previous Update), a Superior Court judge has decided a threshold motion in favour of the plaintiff. In Sasso … Continue reading
Posted in Auto, Insurance News, Threshold
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C.A. Says Coverage for Lessor Continues on Cancellation by Lessee, Unless Insurer Gives Lessor Fifteen Days’ Notice
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 … Continue reading
Posted in Auto, Insurance News
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Report from Montebello
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. Continue reading
Posted in Auto, Damages, Insurance News, Threshold
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“Absolute Liability”? Not Quite
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 … Continue reading
Posted in Auto, Insurance News
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Myofascial Pain Injury is Permanent, Important, but not Serious
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 … Continue reading
Posted in Auto, Insurance News, Threshold
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Limitations
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 … Continue reading
Posted in Auto, Insurance News, Limitation Periods
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Plaintiff’s Lack of Credibility Taints Evidence of Medical Experts
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 … Continue reading
Posted in Auto, Evidence, Insurance News, Threshold
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