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Category Archives: Auto
C.A. Upholds Big SABS Judgment
This week, the Court of Appeal released its ruling in Monks v. ING Insurance Company of Canada. This was a claim for statutory accident benefits brought by, ironically, a woman who, prior to her injury, had worked in the insurance industry. … Continue reading
Posted in Auto, Collateral Benefits, Insurance News
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Action Against Insurer Pursuant to Uninsured Motorist Coverage Can Proceed Where Vehicle Driven Without Consent
In this case, Allianz Insurance was unsuccessful in its motion for summary judgment, dismissing a claim under its uninsured motorist coverage. In George v. George, the plaintiff rented a car from the defendant Enterprise-Rent-A-Car. He purchased insurance that included uninsured … Continue reading
Posted in Auto, Insurance News, Uninsured or Underinsured
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Court Agrees that Limitation Period for Pre-2004 Loss Transfer Claim is Six Years
In Lloyd’s Underwriters v. The Dominion of Canada General Insurance Company, Mr. Justice George Strathy upheld a ruling by arbitrator Bruce Robinson, who had determined that the limitation period for a “loss transfer” claim under s. 275 of the Insurance … Continue reading
Posted in Auto, Insurance News
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Must Insurer Maintain “Firewall” Between Tort and No-Fault Claims?
In Trecartin v. Pilot Insurance Company, Mr. Justice George T. Valin considered the position of an insurer defending both a tort action and an accident benefits claim brought by the same plaintiff. In the no-fault action, the insurer, Pilot Insurance, was … Continue reading
Posted in Auto, Collateral Benefits, Discovery, Insurance News, Practice and Procedure, Privacy, Privilege
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Divisional Court Orders New Trial After “Offensive” Jury Address of Defence Counsel
In Abdallah v. Snopek, the Divisional Court, by a margin of 2-1, ordered a new trial of a personal injury action arising out of a motor vehicle accident. The decision opened with the often-quoted words, “[a] jury trial is … Continue reading
Posted in Insurance News, Juries, Threshold, Trial Procedure
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Master MacLeod Proposes Guidelines for Solicitors’ Affidavits
In Mapletoft v. Service, Case Management Master Calum MacLeod decided a motion for summary judgment in a motor vehicle case. The defendant argued that the action had been commenced after the expiry of the limitation period. Our office opposed the … Continue reading
Posted in Auto, Discoverability, Evidence, Insurance News, Limitation Periods, Practice and Procedure, Threshold
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Power J. Rejects Insurer’s Constitutional Challenge to Court’s Power to Dismiss Civil Juries
In Legroulx v. Pitre, Mr. Justice Denis Power had to consider whether Rule 47.07 of the Rules of Civil Procedure, which permits a court to strike a jury notice on the ground that the action ought to be tried without … Continue reading
Posted in Auto, Insurance News, Juries
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Court Reverses Master’s Finding of “Special Circumstances” (But No Mention of s. 21(1) of Limitations Act, 2002)
Regular readers will remember numerous prior posts in which we have puzzled over the fact that despite the 2004 enactment of the Limitations Act, 2002, so many cases are still being argued on the basis of the common law power … Continue reading
Posted in Auto, Insurance News, Limitation Periods, Practice and Procedure
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C.A. Overturns Summary Judgment Against Lessor of Car Being Operated by Unlicensed, Drunk Driver
In Henwood v. Coburn, the Court of Appeal today overturned the summary judgment that had been granted by Mr. Justice Barry MacDougall back in 2006 (see our post about the decision appealed from). In this case, a company had leased … Continue reading
Posted in Auto, Auto (Tort), Insurance News
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Court Refuses to Extend 90-day Period for Notice of Accident Benefits Priority Dispute
Liberty Mutual Insurance Company v. Zurich Insurance Company involved an accident benefits “priority” dispute between two auto insurers. A claim for benefits had been submitted to Liberty on behalf of a 13-year old boy who had been struck by a car … Continue reading
Posted in Auto, Insurance News
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