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Category Archives: Auto
Judge Finds that Threshold Motion Must Succeed Where Jury Assesses Damages at Zero
Bisier v. Thorimbert was an action for personal injuries arising out of a motor vehicle accident. At the trial, Mr. Justice J.R. Henderson of the Ontario Superior Court granted the defendant’s motion for dismissal of the plaintiffs’ claim, on the basis that … Continue reading
Posted in Auto, Auto (Tort), Insurance News, Juries, Threshold, Trial Procedure
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$1 M Underinsured Endorsement Must Respond in Addition to $1 M Liability Coverage
Corrigendum The post below has been revised to correct an error that appeared in the original version. Colleen Morrison was both the owner and operator of her car; the earlier post had identified her only as owner and her husband as operator. … Continue reading
Posted in Auto, Insurance News
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C.A. Says Insurers Can’t Sue to Challenge CAT DAC Finding, But Insureds Can
In a significant decision today, the Court of Appeal dismissed an appeal by Liberty Mutual Insurance Company from a ruling of Mr. Justice Geoffrey Morawetz, who had dismissed a lawsuit brought by Liberty, to dispute a CAT DAC assessment of … Continue reading
Posted in Auto, Collateral Benefits, Insurance News
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Unlicensed Passenger Punches Driver, Takes Keys and Drives Off — but Truck Held to be Still in Possession of Owner
In an interesting decision last week, Justice Barry MacDougall of the Ontario Superior Court addressed the recurring problem of whether or not a vehicle was, without the consent of the owner, in the possession of someone other than the owner. … Continue reading
Posted in Auto, Auto (Tort), Insurance News, Tort News
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Leave to Appeal Denied, Where Trial Judge Refused Costs to Successful Defendant
In a somewhat surprising decision, the Divisional Court has denied leave to appeal a trial judge’s refusal to award costs to a successful defendant in a personal injury action. Dinham v. Brejkaln arose out of a motor vehicle accident. The defendant was … Continue reading
Posted in Auto, Costs, Insurance News, Threshold
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Insurer’s Failure to Observe SABS Timeline Doesn’t Disentitle It to CAT DAC Assessment
Despite the mandatory language of the SABS time requirements (the insurer “shall”…), a Superior Court judge has held that an insurer’s failure to comply with those requirements in setting up a CAT DAC assessment does not mean that it loses its right … Continue reading
Posted in Auto, Insurance News
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C.A. Upholds Punitive Damages Award in Fire Insurance Case, but Reduces Aggravated Damages
The Court of Appeal today released its decision in Plester v. Wawanesa Mutual Insurance Company, a lawsuit that involved a disputed claim on a policy of fire insurance. Two of the insureds (a married couple) owned a furniture store and … Continue reading
Posted in Fire Insurance, Insurance News, Uninsured or Underinsured
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C.A. Rules $3.1 Million AB Settlement Enforceable Despite Claimant’s Death
The Court of Appeal ruled today, in Wu v. Zurich Insurance Company, that a $3.1 million settlement of an accident benefits claim was enforceable by the estate of the injured claimant, who died before the settlement had been approved by … Continue reading
Posted in Auto, Insurance News, Practice and Procedure
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Divisional Court Finds FSCO Ruling on “Catastrophic Injury” Not “Patently Unreasonable”
Ruling does not disturb FSCO finding that one hour after accident was “reasonable time” for GCS reading to be taken. Continue reading
Posted in Auto, Insurance News
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Brak v. Walsh (New Threshold Decision)
A decision dealing with the Insurance Act threshold was released this afternoon by Superior Court Justice Gordon Killeen, in Brak v. Walsh. Justice Killeen found that, in this case, the threshold had not been met. This was a motor vehicle case … Continue reading
Posted in Auto, Insurance News, Threshold
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