Monthly Archives: June 2004

C.A. Finds No Duty to Defend “Advertising Injury” Claim

We are especially pleased to bring you today’s Update. Minutes ago, the Court of Appeal released its decision in PrairieFyre Software v. St. Paul Fire and Marine, in which our firm acted for St. Paul. The case dealt with the … Continue reading

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SABS Must Be Repaid Before Settlement Can Be Rescinded

A Superior Court decision released today has confirmed that an insured seeking an order setting aside a settlement of accident benefits must first repay money paid pursuant to the settlement. In Lindsay v. Martin, the text of which can be … Continue reading

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Reasons for Rejecting Treatment Plan Need Not Be Detailed

In Pereira v. Coseco Insurance, released last month, an Ontario Superior Court judge stayed the insured’s lawsuit pending her attended for a DAC assessment. The reasons for judgment can be viewed at http://www.canlii.org/on/cas/onsc/2004/2004onsc11180.html The claim related to med-rehab benefits. The … Continue reading

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Chronic Pain Costs Award Tops $430,000

Justice Denis Power has just released his final costs award in Russett v. Bujold and we have attached a copy. You may recall this case from an Update that we circulated several weeks ago. It involved a chronic pain claim … Continue reading

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