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ONCA Case Means Plaintiffs Must Prove Policy Breach
June 2, 2011
MT Insurance Law Blog
The Ontario Court of Appeal has allowed an appeal of an Order dismissing the plaintiffs’ action against their excess carrier, made under the Family Protection Endorsement (OPCF 44R) on their auto policy. The OPCF 44R endorsement is intended to protect...
FSCO Arbitrator Calls Slip & Fall a Motor Vehicle Accident
June 1, 2011
MT Insurance Law Blog
FSCO Arbitrator Joyce Miller has ruled that a claimant who slipped on ice after exiting her car, and after walking around the front of the car toward the curb, was involved in a motor vehicle accident for the purpose of...
SCC Deals with Falling Trees; Falling Leaves
May 19, 2011
MT Insurance Law Blog
The Supreme Court of Canada released two leave to appeal judgments today of interest. One application for leave was granted. The other was dismissed: In Allstate v. Primmum, a resident of Ontario was injured when he was struck by a...
All Four Areas of Function Must Be Assessed Under Section 2(1.1)(g) – CAT Impairments
May 16, 2011
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MT Insurance Law Blog
The Divisional Court has just released its decision in Pastore and Aviva Canada Inc. Anna Pastore was involved in a car accident on November 16, 2002. She suffered a fractured left ankle. She had numerous surgeries and ultimately applied for...
Invasion of Privacy Tort could Cause Insurers New Headaches
May 11, 2011
MT Insurance Law Blog
Ontario’s Court of Appeal will rule on whether there is a common law tort for invasion of privacy in the province. The case under appeal is called Jones v. Tsige (March 23, 2011). Sandra Jones and the Winnie Tsige worked...
Sony Data Breach Raises Insurance Issues
May 6, 2011
MT Insurance Law Blog
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
MT Insurance Law Blog
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
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MT Insurance Law Blog
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
MT Insurance Law Blog
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
MT Insurance Law Blog
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...
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.