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Category Archives: Damages
DAC Assessment Does Not Preclude Insurer’s IME in SABS Lawsuit
In Baron v. Kingsway General Insurance Company, Superior Court Justice Gladys Pardu rejected the argument of a statutory accident benefits claimant, that the insurer was not entitled to its own medical assessment because a CAT-DAC assessment had already found him … Continue reading
Posted in Collateral Benefits, Insurance News
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Damages Compendium
From time to time in our Update newsletters, we have alerted our subscribers to an invaluable resource for judges, masters, practitioners and insurance claims personnel. It is the “Damages Compendium“, prepared under the auspices of the County of Carleton Law Association. … Continue reading
Posted in Damages
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Plaintiff’s Four Accidents Require Analysis of Causation, Consent, Threshold, Protected Defendant and Damages
The recent judgment of Superior Court Justice Ruth Mesbur in Moore v. Wienecke reads more like a law school problem than a real-life set of facts. The plaintiff was involved in motor vehicle accidents in 1998 and 2002, which were the claims … Continue reading
Posted in Auto, Damages, Insurance News, Threshold
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Report from Montebello
The conference marked its twenty-fifth anniversary this year. It has become one of the premier continuing education programs for civil litigators in this province. Our own Heather Williams is one of the organizers and we are proud of her contribution. Continue reading
Posted in Auto, Damages, Insurance News, Threshold
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Cohabiting
Justice David Little’s ruling in Stephens v. Stawecki makes it clear that, in determining whether a couple has “cohabited continuously for a period of not less than three years”, so as to make them “spouses” under s. 61 of the … Continue reading
Posted in Auto, Damages, FLA, Insurance News
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CPP Benefits Held Deductible from Income Loss Damages
In Meloche v. McKenzie, a decision of Mr. Justice Terrence Patterson, it was held that CPP disability benefits are deductible from an award of damages for pre-trial income loss in a Bill 59 motor vehicle case. It was also ordered … Continue reading
Posted in Auto, Collateral Benefits, Damages, Insurance News
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S.C.C. Looks Again at Standard of Review
The Supreme Court of Canada has today released an interesting decision in which it has reaffirmed the standard of review to be applied by appellate courts in Canada : “palpable and overriding error”. In H.L. v. Canada (Attorney General), the … Continue reading
Posted in Damages, Practice and Procedure
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Threshold Decision Favours Plaintiff But Jury Sees Case Differently
Regular readers of our Updates know that just when insurance defence lawyers and their clients were beginning to despair of ever winning a threshold motion, a series of decisions were handed down that favoured the defence. But a Superior Court … Continue reading
Posted in Auto, Collateral Benefits, Insurance News, Threshold
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Assessing MVA Damages in 2005
There will soon be some significant changes to the way that BI damages are assessed in MVA cases. In this edition of our Update, we will try to assist you in applying these new principles.
Posted in Auto, Damages, Insurance News
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Plaintiffs Get Damages of $750, Costs of $21,000
This case, released today, is a bit of a head-scratcher.In Branco v. Allianz Insurance, the plaintiffs were claiming damages as a result of personal injuries suffered in a motor vehicle accident. The trial lasted eight days before Justice Siegel and … Continue reading
Posted in Auto, Costs, Damages, Insurance News, Threshold
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