Ana Simões

Associée | Toronto

416.595.8677

Portrait de Ana Simões

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Ontario court confirms that insurers are ultimately liable for the conduct of adjusters

In Burns v RBC Life Insurance Co.,1 the Ontario Superior Court of Justice recently confirmed that liability ultimately rests with insurers where their employees are acting within the scope of their employment. The Facts In this case, the plaintiff had...

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Coronavirus (COVID-19) insurance policy issues

As a special service to our insurance clients, we present an outline of some typical insurance policy issues that may arise out of a contagion such as the Coronavirus. Throughout the current pandemic, we will be available to advise you...

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The Court’s discretion regarding the cost consequences of settlement offers: Exceptions are not the rule

The settlement process promotes judicial economy and efficiency, and eliminates the high costs of proceeding to trial. As such, parties are well-advised to make reasonable offers prior to trial and to consider acceptance seriously.  This principle is entrenched in Rule...

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It’s Not Too Late! The New Tax Changes and What You Can Do

Taxes & Wealth Management, Issue 9-3, p. 32-33

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The Whole File and Nothing But the File: A Precautionary Tale regarding Disclosure and Production of an Insurer’s Underwriting, and Claims and Investigation Files in the Context of Coverage and Bad Faith Claims

The scope of disclosure and corresponding production of documents typically becomes an issue in the context of an insured’s claim against an insurer for coverage and bad faith.  Inevitably, the insured will demand disclosure and production of the underwriting, and/or...

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Counsel-Expert Communications: Everything Old is New Again

In December 2014, we had left off with the Ontario Superior Court, in Moore v Getahun[1] (“Getahun”), having decided that the historically accepted practice of counsel reviewing drafts of their expert’s reports should stop, and that all instructions provided by...

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Counsel-Expert Communications: The Debate Rages On

Two recent decisions have shaken up the litigation bar. The Ontario Superior Court, in Bailey v Barbour,1 explicitly set out the court’s expectations of an expert’s proper behaviour. In the subsequent decision of Moore v. Getahun,2 the Ontario Superior Court...

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