MT Insurance Law Blog

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

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When a Spouse is not a Spouse

September 6, 2018 | Ashleigh T. Leon

The Superior Court has recently had the opportunity to revisit an issue that has not been addressed by the courts in twenty years: whether the Family Law Act definition of “spouse” applies to the Insurance Act definition of “spouse”.  For...

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Kapoor v. Kuzmanovski: A Debate on the Insurance Paying Juror

August 31, 2018 | James B. Prior

Recently, the Ontario Superior Court of Justice in Kapoor v. Kuzmanovski, 2018 ONSC 4770 (CanLII) determined the issue of whether individuals who drive and pay automobile insurance premiums can be excluded as potential jurors in cases arising out of motor...

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Juries Behaving Badly

August 22, 2018 | Lyndsay Reuvers-Hone

Jury duty is an – often dreaded – civic duty central to the justice system in Canada.  A juror’s duty is to listen to the evidence and argument, and to deliver an independent, impartial decision based on the case presented...

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Nemchin v. Green: The Deduction of Collateral Benefits at Trial

August 13, 2018 | Chris T.J. Blom

The plaintiff was injured in a car accident in 2010. The trial in 2017 led to a jury verdict of $125,000 in general damages and $600,000 in future loss of income. The plaintiff did not seek an award of past...

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Where a Plaintiff is Ordinarily Resident Outside of Ontario, Under What Circumstances will a Court Order Security for Costs?

August 7, 2018 | Teneil MacNeil

General Legal Principles Rule 56.01 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 provides that the Court, on motion by a defendant in a proceeding, may make an order for security for costs where it appears that the...

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Artificial Intelligence Revolution and the Insurance Industry

July 31, 2018 | Sandra L. Hawes

The information revolution has had an undeniable impact on society, as did the industrial revolution before it.  Now artificial intelligence is poised to be the next revolution that will have an immense impact on our society from our personal lives...

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“Scanty” Evidence Failed to Establish a Plaintiff’s Entitlement to Recover Interest on Loans Borrowed for the Purpose of Litigation

July 24, 2018 | Fareeha Qaiser

In Isbister v. Delong, 2017 BCCA 340, the British Columbia Court of Appeal upheld a trial judge’s decision that the plaintiff was not entitled to recover, as special damages, interest on money she borrowed from her lawyers. Facts of the...

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Clarifying the “Trilogy” and the Covenant to Insure: Royal Host GP Inc. v. 1842259 Ontario Ltd.

June 22, 2018 | Karen L. Weslowski

Introduction In Royal Host GP Inc. v. 1842259 Ontario Ltd., 2018 ONCA 467, the Ontario Court of Appeal reversed the motion judge’s decision, clarified what is known as the “Trilogy” and allowed a landlord to advance a subrogated action against...

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Impact of Social Media Evidence in Litigation

June 6, 2018 | Theodore J. Madison

It is undeniable that social media has transformed the way individuals interact with one another. In 2018, 64% of Canadians had a social media profile, 50% of whom were registered on more than one social media site.[1] Ontario has the...

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No Enforceable Settlement: Civil Fraud at Pretrial Results in Costs Award of $100,000 Payable to the Defendant

May 31, 2018 | Michael Prosia

The underlying facts of Paulus v Fleury[1] are unremarkable.  The parties were involved in a motor vehicle collision which occurred on November 10, 2008.  The plaintiffs said that it was a straightforward rear-end collision for which the defendant was entirely...

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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.