Miller Thomson blogs

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

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Loss Transfer Limitation Cases Head to ONCA

October 31, 2011

MT Insurance Law Blog

The Court of Appeal for Ontario has granted the appeallants leave to appeal in two loss transfer matters: Federation v. Kingsway and ING v. Markel.  The Court of Appeal will decide when the two-year limitation period for loss transfer matters starts...

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Update: Insurer Must Defend G2 Licensed Drunk Driver

October 17, 2011

MT Insurance Law Blog

With reasons released today, the Court of Appeal has dismissed the insurer’s appeal. Tut v. RBC General Insurance Company, 2011 ONCA 644 (Originally posted June 29, 2011)  Today’s Ontario Reports contained an interesting duty to defend decision from February 2011. In Tut...

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Duty to Defend Goes Too Far?

September 28, 2011

MT Insurance Law Blog

Damon Tedford was being sued in regard to certain representations he made on a seller property information sheet by the person to whom he sold property in Ottawa. He submitted the claim to his insurer (TD Insurance — The decision...

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FSCO Allows Insurer’s Appeal over WSIB Issues

September 27, 2011

MT Insurance Law Blog

A FSCO Director’s Delegate has allowed an insurer’s appeal of an arbitrator’s decision, which allowed the claimant to pursue accident benefits despite an unsettled WSIB claim. In Balendra v. Security National, the claimant was working as a parking lot attendant...

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FSCO: Man Injured while Repairing Vehicle not in “Accident”

September 19, 2011

MT Insurance Law Blog

A FSCO arbitrator has ruled that a man who fell off a truck while repairing it was not involved in a motor vehicle accident for the purpose of receiving accident benefits. In Olesiuk v. Kingsway, John Earl Olesiuk was injured...

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ONCA: Single Vehicle Accident Caused Solely by Driver’s “Recklessness”

September 8, 2011

MT Insurance Law Blog

The Ontario Court of Appeal has just released a decision overturning the trial judge’s findings of liability in a single car motor vehicle accident. In Morsi v. Fermar Paving, Mark Morsi died in a single vehicle accident. His family sued...

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Consumers Slow to Add New Optional SABS Coverages

August 30, 2011

MT Insurance Law Blog

FSCO’s August 30, 2011 Auto e-Newsletter contained the results of a survey the Commission conducted to find out whether consumers were buying the optional benefits available under the new SABS (policies issued/renewed on or after September 1, 2010). The results are...

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Defence Medical Reports Ordered to be Produced at FSCO

August 29, 2011 | Anna-Marie Musson

MT Insurance Law Blog

In the Sros (Elizabeth) Thi Thach v. State Farm Mutual Automobile Insurance Company, the applicant provided her experts in the AB claim with a copy of the defence medical reports completed in the companion tort action.  She refused to produce a...

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Man Attacked by Thugs was in Car “Accident”, Gets Benefits

August 26, 2011

MT Insurance Law Blog

An Ontario Superior Court judge has ruled that an accident benefits claimant, whose loss occurred when he was assaulted by thugs at a gas station, was involved in an “accident” for the purpose of the SABS. In Downer v. The...

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FSCO Claimant Loses Missed 90-Day Limitation Period Appeal

August 25, 2011

MT Insurance Law Blog

FSCO has allowed an insurer’s appeal in a case over whether the claimant filed for arbitration too late. In Pilot v. Tyler, the insurer denied the claimant’s claim for non-earner benefits. Section 281.1 of the Insurance Act provides a two-year...

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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.