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Category Archives: Auto
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
Posted in Auto, Insurance News, Uninsured or Underinsured
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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
Posted in Auto, Insurance News
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Montebello Post-Mortem
Another successful Civil Litigation Update concluded at Chateau Montebello yesterday. The conference, now in its 26th year, was acclaimed by numerous visiting Superior Court and Court of Appeal judges as Ontario’s premiere continuing legal education program. We are proud … Continue reading
Posted in Auto, Costs, Insurance News, Juries, Threshold
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Court Says Plaintiff in AB Claim Can’t Add Insurer’s Lawyers as Defendants
Representing insurance companies is getting more hazardous all the time. In Succar v. Wawanesa Mutual Insurance Company, the plaintiff had sued Wawanesa for statutory accident benefits arising out of an MVA that occurred on January 1, 1994. Wawanesa had stopped … Continue reading
Posted in Auto, Insurance News, Lawyers
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Auto Insurer Not Entitled to Reimbursement from Insured for Settlement with Plaintiff Without Insured’s Consent or Judgment Against Plaintiff
REVISION We have now obtained the unreported reasons of Mr. Justice Paul Lalonde, the motions judge, whose decision was reversed by the Court of Appeal. Those reasons shed quite a bit of light on what transpired in this case. Accordingly, we have … Continue reading
Posted in Auto, Insurance News
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C.A. Says Son In Mother’s “Control” Is Not Within Her “Care”, For SABS Purposes
In Oxford Mutual Insurance Company v. Co-operators General Insurance Company, released today, the Court of Appeal had to decide whether a claimant was “principally dependent” on his mother at the time of being injured in a motor vehicle accident. If … Continue reading
Posted in Auto, Collateral Benefits, Insurance News
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C.A. Upholds Punitive Damages Award Against Impaired Driver
In a decision that will be of great interest to the insurance and personal injury bar, the Court of Appeal today released its reasons in McIntyre v. Grigg et al. In this case, the plaintiff was a pedestrian who suffered a … Continue reading
Posted in Auto, Auto (Tort), Damages, Insurance News, Social and Commercial Host Liability, Tort News
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Chronic Pain Plaintiff with “Questionable” Credibility “Just Barely” Meets Threshold
ADDENDUM Since our original post about this case, we were advised by Doug Smith, counsel for the defence, about some additional and pertinent facts. His comment appears at the end of this post but, in a nutshell, he told us … Continue reading
Posted in Auto, Collateral Benefits, Damages, FLA, Insurance News, Threshold
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Firm Retained to Defend Insured Can’t Then Act for Insurer as Statutory Third Party
In a brief decision, Master Dash addressed an issue that often arises, in one way or another, in insurance litigation. Although the expression does not appear in the reasons, the issue in this case arose out of what is often … Continue reading
Posted in Auto, Insurance News
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Another Threshold Ruling Driven by Jury’s Findings
In a post yesterday, we commented on a recent decision, Bisier v. Thorimbert, in which a Superior Court judge granted a defence threshold motion at the trial of a personal injury action, after the jury had awarded nothing for general or … Continue reading
Posted in Auto, Insurance News, Threshold
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