Category Archives: Auto

Cases dealing with auto insurance, personal injuries (MVA-related), accident benefits.

ODSP Benefits Not Deductible from MVA Damages

Posted on May 7, 2007 by Stephen Cavanagh

In Moss v. Hutchinson & Associates, Mr. Justice Peter Howden has ruled that benefits received by a plaintiff from the Ontario Disability Support Program (“ODSP”) are not deductible from an award of tort damages. The action arose out of a … Continue reading →

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Plaintiff Can’t Add Third Party Driver as Defendant, Where Conscious Decision Was Made Not to Sue

Posted on April 30, 2007 by Stephen Cavanagh

In Biancale v. Vieyra, Mr. Justice David Crane dismissed a plaintiff’s motion to add, as a defendant in the proceeding, one of two drivers involved in the accident in which the plaintiff had been injured. The amendment was sought after … Continue reading →

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$400,000 in Interest Payable on 10 Years’ of Accident Benefits Improperly Terminated in 1997 (but Plaintiff had Fully Recovered by 1998!)

Posted on April 29, 2007 by Stephen Cavanagh

A new decision of the Ontario Superior Court is a painful reminder to auto insurers of the importance of following the correct procedure in terminating statutory accident benefits. The failure of the insurer to use the correct form of notice … Continue reading →

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Plaintiff Not Catastrophically Injured Where Two GCS Readings Below 10/15 in First 30 Minutes after Accident

Posted on April 27, 2007 by Stephen Cavanagh

UPDATE: this decision was reversed by the Court of Appeal on July 17, 2009. The reasons of the Court may be accessed here. The panel agreed that, the plaintiff having had a Glasgow Coma Scale reading of 9/15 within a … Continue reading →

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Not Necessarily Negligence to Allow Unlicensed Driver to Operate Car

Posted on March 27, 2007 by Stephen Cavanagh

In George v. Thach, Superior Court Justice Harvey Spiegel ruled that “The failure to possess a lawfully issued operator’s permit does not of itself constitute incompetence or inexperience.” Accordingly, the employer of an unlicensed driver was not vicariously liable for … Continue reading →

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Court Refuses Amendment to Plead that Owner of Vehicle Was Also Employer of Driver

Posted on March 27, 2007 by Stephen Cavanagh

In Shuker v. Gagne, Mr. Justice Barry Matheson of the Ontario Superior Court refused to permit the plaintiffs to amend their statement of claim, to plead that a defendant who had already been sued in the capacity of owner of a … Continue reading →

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Passengers in Car Entitled to Liability Insurance Coverage for Claim by Inline Skater

Posted on February 27, 2007 by Stephen Cavanagh

In Morrow v. Symons, a young man was seriously injured while being towed on inline skates. He sued the driver of the car towing him, as well as three your men who were occupants of the car at the time. … Continue reading →

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

Posted on January 31, 2007 by Stephen Cavanagh

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

Posted on January 11, 2007 by Stephen Cavanagh

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

Posted on January 7, 2007 by Stephen Cavanagh

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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