MT Insurance Law Blog

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Woman falling before Taxi Ride not in Car “Accident”

July 10, 2012

MT Insurance Law Blog

A Superior Court judge has ruled against a plaintiff seeking to claim accident benefits from tripping/falling on her way to get into a parked taxi. In Barros v. Shah, the plaintiff was planning to go with her daughter (Maria Oliveira) […]

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FSCO Appeal Pockets Automobile Claim

July 5, 2012

MT Insurance Law Blog

FSCO has allowed the insurer’s appeal in a controversial decision about whether a pocket bike was an “automobile”.  In Bouchard v. Motors, Cassondra Bouchard had a friend named Kristin Stratton, who owned a couple of pocket bikes (described as gas powered […]

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Claimant Collects Complete (Attendant) Care Claims

June 29, 2012 | Anna-Marie Musson

MT Insurance Law Blog

In the Henry and Gore Mutual Insurance Company case, the applicant, Mr. Henry brought an application pursuant to Rule 14.05(d) and (h) to determine a dispute with respect to quantum of attendant care payable to an insured for services rendered […]

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SCC Rules Tree Falling on Car was MVA

June 25, 2012

MT Insurance Law Blog

The Supreme Court of Canada has ruled that a person was involved in a “motor vehicle accident” when a tree fell on his parked car and killed him. In City of Westmount v. Richard Rossy et al., a tree collapsed […]

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What does “Authorized by Law” to Drive Mean?

May 23, 2012

MT Insurance Law Blog

The Court of Appeal for Ontario has released a decision interpreting the meaning of the phrase “authorized by law” in s. 4(1) of O. Reg. 777/93 (Statutory Condition 4 in the OAP). In Kereluik v. Jevco, the insured Kereluik was […]

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ONCA Affirms Start Date of OPCF 44R Limitation Period

May 14, 2012

MT Insurance Law Blog

The Court of Appeal for Ontario has affirmed that the limitation period in section 17 of the OPCF 44R (Family Protection Endorsement) starts from when the plaintiff has a body of evidence accumulated that would give him a “reasonable chance” […]

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Court Denies Plaintiff “Peace of Mind” SABS Declaration

May 9, 2012

MT Insurance Law Blog

A Superior Court judge has denied an accident benefits plaintiff a “peace of mind” declaration she sought with respect to her claim for income replacement benefits. The decision is interesting as it appears that the plaintiff might have been categorized […]

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Parveen and AVIVA: Practical steps for settlement of AB Claims

May 8, 2012 | Talaal Bond

MT Insurance Law Blog

Since the Parveen and AVIVA decision (and its companion Fredric and AVIVA) was published on March 30, 2012 there has been considerable confusion regarding the adequacy of the Settlement Disclosure Notice (“SDN”). Prior to that time, the SDN has been understood to have […]

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Supreme Court Declines to Hear Case Regarding Liability of Road Authority

May 4, 2012

MT Insurance Law Blog

On May 3, 2012, the Supreme Court of Canada dismissed an application for leave to appeal the dismissal of an action seeking damages for alleged negligent road maintenance [Morsi v. Fermar Paving Limited et al, SCC 34515]. The claim arose […]

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Insurer Must Pay Stripper Pole Benefits

May 1, 2012

MT Insurance Law Blog

Yesterday the Ontario Divisional Court unanimously upheld FSCO’s decisions in Whipple v. Economical (affectionately known as the “stripper pole” case). In Whipple, the claimant and his golf buddies were returning via Interstate 90 from a day of golfing in New […]

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Disclaimer

This 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 this 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.