Miller Thomson blogs

Miller Thomson Blogs put a more conversational lens on Canadian law. See the diverse perspectives of our lawyers here.

Displaying 21-30 of 508

Is the Courtroom Door Open or Closed?

November 10, 2016 | Helen D.K. Friedman

MT Insurance Law Blog

By way of update to our October 8, 2015 blog featuring Ayr Farmers Mutual v. Wright: “Insurer’s Attempt to Short Circuit Dispute Resolution Process Shut Down”, the insurer’s appeal was dismissed by the Court of Appeal on all grounds October...

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EU and Canada Sign CETA but Obstacles Remain to Full Ratification

November 9, 2016 | Andrew Hentz

The Food Web: Canadian Agribusiness and Food Law

We have previously blogged here on the Comprehensive Economic and Trade Agreement (“CETA”), and the uncertainty cast upon the Agreement when the Belgian region of Wallonia announced that it would not ratify. Wallonia’s political leadership had expressed concerns about the...

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When does Interest Start in Delayed CAT Benefit Disputes?

November 4, 2016 | Nawaz Tahir

MT Insurance Law Blog

The Court of Appeal recently considered the issue of when interest starts to accrue under the Statutory Accident Benefits Schedule  in situations where there is a disputed catastrophic impairment designation (“CAT”).  In Van Galder v Economical, the insurer paid attendant...

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Cyber Insurance 101: Why Cyber Risk Policies are Taking Off

November 1, 2016 | Emily C. Durst

MT Insurance Law Blog

Although they have been around for over a decade, it is only recently that an increasing number of organizations accept cyber-incident insurance as a necessary business expense. According to the Ponemon Institute, a leading think tank that tracks and quantifies...

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Court of Appeal Takes Expansive Approach to Definition of “Accident” In Caughy Decision

November 1, 2016 | Nicholaus de Koning

MT Insurance Law Blog

The Ontario Court of Appeal’s decision in Caughy v. Economical Mutual Insurance Company 2016 ONCA 226 seems to have expanded the definition of “accident,” for the purposes of statutory accident benefits, to include a trip and fall incident. Recall the...

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Heiner v. Pasha et al.: Claiming Diminished Value Under Ontario’s OAP1 Auto Policy – Redux

October 31, 2016 | Patricia J. Forte

MT Insurance Law Blog

We recently blogged about the Small Claims Court decision in Renwick v. Allstate Insurance Company of Canada.[1] The case dealt with an insurer’s motion to dismiss a lawsuit on the basis that an insured’s claim for “diminished value”[2] under an...

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Commencement of Limitation Periods in Threshold Claims

October 31, 2016 | James B. Prior

MT Insurance Law Blog

Recently, the Ontario Superior Court of Justice considered when limitation periods begin to run in tort actions arising out of motor vehicle accidents in Schaefer v. Ayeneababa, 2016 ONSC 3673. The Plaintiff was involved in an accident on June 24,...

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Wallonia Creates Uncertainty on CETA Ratification Timeline

October 27, 2016 | Andrew Hentz

The Food Web: Canadian Agribusiness and Food Law

We have previously blogged here on the Comprehensive Economic and Trade Agreement (“CETA”), the trade agreement which is Canada’s largest trade initiative since NAFTA and, if implemented, would provide Canadian exporters preferential access to the sizable EU market. Following the...

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Disability Certificate Not Enough to Determine Eligibility for IRB

October 20, 2016 | Ashleigh T. Leon

MT Insurance Law Blog

In an October 3, 2016 preliminary issue hearing (16-000063 v. Dominion of Canada General Insurance Company, 2016 CanLII 67139), Adjudicator Marzinotto of the License Appeal Tribunal allowed an applicant to proceed to a hearing disputing both entitlement to Income Replacement...

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Small-Town Garage Liable for Crash Involving Vehicle Stolen from its Premises

October 20, 2016 | James D. Bromiley

MT Insurance Law Blog

The Village of Paisley, population 1,100, is situated in the heart of Bruce County. Until recently, its claim to fame was its annual Beef Fest held every August. Recently, the Ontario Court of Appeal cast a spotlight on this quiet...

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Disclaimer

The blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of the blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.