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Category Archives: Auto
Div. Ct. Says Defence Medical, Surveillance Report from Tort Claim Can’t Be Used in Subsequent AB Litigation
In Kitchenham v. AXA Insurance Canada, the Divisional Court has considered the “deemed undertaking” rule (Rule 30.1.01) in the context of personal injury litigation. The decision of the Court was written by Associate Chief Justice Douglas Cunningham, concurred in by … Continue reading
Posted in Auto, Discovery, Insurance News, Practice and Procedure, Privacy
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Insurer Must Defend Lessor Although Car Driven by Excluded Driver
As if insurers needed more encouragement to tighten their procedures, the Court of Appeal today ordered Lombard Insurance to defend an action arising out of use of a car by an “excluded driver” because the insurer had not delivered a … Continue reading
Posted in Auto, Insurance News
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C.A. Says UIM Coverage Applies to “Every Person Who Is Entitled to Statutory Accident Benefits”
In McArdle v. Bugler, the Court of Appeal today held that a passenger in an uninsured vehicle, which had collided with another vehicle, was entitled to uninsured motorist insurance coverage applying to the second car. It held that the narrow … Continue reading
Posted in Auto, Insurance News, Uninsured or Underinsured
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Impairment “Permanent”, “Important”, But Not “Serious”
In Kourtesis v. Joris, Mr. Justice Edward R. Brown dismissed an action for damages arising out of a motor vehicle accident that occurred during the “Bill 59” regime of the Insurance Act. He held that the plaintiff’s chronic pain injuries … Continue reading
Posted in Auto, Insurance News, Threshold
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C.A Says Underinsured Auto Endorsement Does Not Cover Accident in Jamaica
In Pilot Insurance Company v. Sutherland, the Court of Appeal (Justices Rosenberg, Gillese and Lang) allowed an appeal from a decision of Madam Justice Margaret Eberhard of the Superior Court. Her Honour had held that a territorial limitation contained in … Continue reading
Posted in Auto, Uninsured or Underinsured
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C.A. Says Relief from Forfeiture only Available for Post-loss Events
In Williams v. York Fire & Casualty Insurance Company, released today by the Court of Appeal, the court was dealing with a fact situation that often comes up. A driver was involved in an accident. When the accident occurred, the … Continue reading
Posted in Auto, Exclusions, Insurance News
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Costs Denied Where Jury Awards Plaintiff Only $20,000 in MVA Claim
Garisto v. Wang is one of relatively few cases in which a trial judges has imposed the costs penalties contained in Rule 76 of the Rules of Civil Procedure. The plaintiff had originally sought damages of $800,000 in this car accident … Continue reading
Posted in Auto, Costs, Insurance News
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Court Orders that Neuropsychological IME be Videotaped
Mr. Justice Michael Quigley has ordered that a neuropsychological assessment sought by a defendant in a motor vehicle case, be videotaped. His Honour had been advised that the neuropsychologist whom the defence had retained was not prepared to undertake the … Continue reading
Posted in Auto, Insurance News
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Court Considers Scope of Insurer’s Examination Under SABS
In three separate applications that were heard together, Madam Justice Elizabeth Stewart of the Superior Court ruled on the scope of an insurer’s examination under oath of a statutory accident benefits claimant. Such examinations are authorized by s. 33(1.1) of the … Continue reading
Posted in Auto, Insurance News
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Insurers Must Time Withdrawal of Premiums Correctly Before They Can Terminate for Non-payment
Minister of Finance v. Progressive Casualty Insurance Company of Canada contains an interesting discussion of what an insurance company must do before it can terminate an auto policy for non-payment of premiums. (Perhaps the word, “interesting” in the last sentence … Continue reading
Posted in Auto, Insurance News
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