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.

Displaying 291-298 of 298

Sony Data Breach Raises Insurance Issues

May 6, 2011

On April 19, 2011, Sony suffered a massive breach in its video game online network that led to the theft of names, addresses and possibly credit card data belonging to 77 million user accounts. The company could not rule out...


Girlfriend’s evidence can be “corroborative” under OPCF 44R

May 3, 2011

The Ontario Court of Appeal released a decision today discussing the meaning of “other material evidence” and “independent witness evidence” under the OPCF 44R (Family Protection Endorsement). In Pepe v. State Farm, Massimo Pepe was injured in a single-car accident.  Shirley Aguirre,...


Limitations Act Does Not Apply to Priority Disputes

May 2, 2011 | Anna-Marie Musson

Markel and Co-operators (March 31, 2011 – Samis) Markel had not commenced arbitration within one year.  It argued that the Limitations Act applies and not Ontario Regulation 283/95. Section 7 of Ontario Regulation 283/95 requires the insurer to initiate arbitration...


Public Transit Motor Vehicle Accidents about to Become Non-Accidents

May 2, 2011

UPDATE — Bill 173 received Royal Assent on May 12, 2011. Accordingly, these important changes to the Insurance Act are now in effect. On March 29, 2011, the Ontario Legislature unveiled its pre-election budget, in Bill 173, otherwise known as the...


Judge Disagrees with Beasley — Finds Rule 53.03 Doesn’t apply to IE assessors in Tort Action

April 27, 2011

On April 9, 2010, Mr. Justice J.P. Moore held in Beasley v. Barrand that the tort defendant could not call experts retained by the accident benefit insurer to give opinion evidence at trial because their reports did not comply with Rule...


Court Finds Coverage under OPCF 44R

April 21, 2011

This week’s Ontario Reports contained an interesting coverage decision involving Ontario’s Family Protection Endorsement and claims against the Motor Vehicle Accident Claims Fund. In Graham v. Superintendent of Financial Services Commission of Ontario (2010 ONSC 7129), Christine Graham was riding her bicycle...


Do Not Combine (e) and (f) – Recommends FSCO Expert Panel

April 16, 2011 | Anna-Marie Musson

FSCO formed the “Catastrophic Impairment Expert Panel” to study and make recommendations on the definition of catastrophic impairment.  Their preliminary report was released on April 15, 2011.     The panel reported that combining physical and mental/behavioural conditions cannot be achieved...


BCCA Brings FCC claims back to Earth

April 15, 2011

The Court of Appeal for British Columbia recently released an interesting decision significantly reducing a trial judge’s award for future care costs. This decision could have an impact on similar claims in Ontario. The Plaintiff was injured in a 2005...


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