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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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...


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...


Causation in Historical Sexual Abuse Cases

May 22, 2018 | Chris T.J. Blom

The concept of causation is difficult to grasp at the best of times, as much ink has been spilled over the years since the decision of Athey v Leonati[1] in which the court applied the “material contribution” test. Eleven years...


Medical Marijuana Loses its Appeal – The Skinny on Skinner Part 1

May 16, 2018 | Helen D.K. Friedman

In earlier blogs, we have discussed the curious case of Wayne Skinner and his quest for medical marijuana funding under his union’s insurance plan. As you may recall, Mr. Skinner had been injured in an automobile accident in the course...


The Not so Reasonable Cost of Medical Documents

April 10, 2018 | Ashleigh T. Leon

One of the biggest pet peeves I have working in this industry is receiving, in my opinion, ludicrous requests from practitioners relating to the cost of obtaining medical records in their custody. For example, just the other day I received a...


Other Automobile Insurance Policies May Respond Before Umbrella Policies

March 20, 2018 | Sean McGarry

The Ontario Court of Appeal has recently determined the priority of insurance policies when insurers structure their policies to include low limits on a primary policy and larger limits on an umbrella liability policy. In Benson v. Walt,[1] Paul Robert...


Lack of Consent = No SEF No. 44 Coverage

March 8, 2018 | Sandra L. Hawes

In the recent case of Cardinal v. Alberta Motor Association Insurance Company, 2018 ABCA 69 (CanLII), the Alberta Court of Appeal overruled the lower court, determining that an injured passenger was not covered under an SEF No. 44 Family Protection...


Threshold Motion Dismissed in “Thin Skull” Case

February 1, 2018 | Theodore J. Madison

The plaintiff, aged 54, was involved in a motor vehicle accident as a passenger. The vehicle was rear-ended and the collision was of moderate impact. The plaintiff’s back and neck pain evolved into chronic pain. The plaintiff had a pre-accident...


New Developments in Adverse Cost Insurance

January 26, 2018 | Evan Bawks

Many insurers and defence counsel are now aware of the growing use of adverse cost insurance, also known as “after-the-event” insurance (“ATE insurance”), in personal injury litigation. This insurance is typically a policy purchased by a plaintiff in a lawsuit...


Ontario Acts on Marshall Report with New Changes to Auto Insurance

January 19, 2018 | Nawaz Tahir

The Ontario government announced its latest round of changes to automobile insurance, called the Fair Auto Insurance Plan.  This follows on the heels of the report by David Marshall, Ontario’s advisor on auto insurance, who released a report in April...


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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.