Category Archives: Insurance News

Catch-all category for developments in the law of insurance.

Not “Quantum of Solace” But “Quantum of Claims”

Posted on November 27, 2008 by Stephen Cavanagh

In McCook v. Subramaniam, Master Ronald Dash considered whether to permit a plaintiff to add as a defendant his own auto insurer, under its underinsured motorist endorsement. The insurer resisted the motion on the basis that the plaintiff had not … Continue reading →

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Income Replacement Benefits Subject to Garnishment

Posted on November 26, 2008 by Stephen Cavanagh

Mr. Justice John Cavarzan has held, in Lease Truck Inc. v. Serbinek, that a creditor of an insured is entitled to garnishment of income replacement benefits. Once it receives notice of the garnishment, the insurer paying the accident benefits is … Continue reading →

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Insurer Added as Third Party Under Insurance Act Permitted to Examine Insured for Discovery

Posted on November 17, 2008 by Stephen Cavanagh

Corrigendum: Our reference to the Master’s consideration of an Alberta case, Thompson v. McCallum, erroneously contained the following passage: “The insurer suspected that the insured had, in fact, been the driver.” The sentence should read, “The insurer suspected that the plaintiff … Continue reading →

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Owner “Relinquished Dominion and Control” of Car, But Her Consent to Possession by Driver Still Necessary?

Posted on October 23, 2008 by Stephen Cavanagh

In Seegmiller v. Langer, Justice George R. Strathy reviewed the law with respect to when the owner of an automobile will be liable when someone else drives it and is involved in an accident. His reasons contain a useful review … Continue reading →

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Limitation Period for MVA Pecuniary Claims Follows That of Non-pecuniary Claims, Says Superior Court

Posted on October 15, 2008 by Stephen Cavanagh

Hard on the heels of the Court of Appeal’s decision in Grewal v. Ivany, released last Friday, Mr. Justice Paul Perell has delivered reasons in Ng v. Beline that address one of the issues considered in Grewal: in personal injury … Continue reading →

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C.A. Opens Door to Multiple Limitation Periods in MVA Cases

Posted on October 14, 2008 by Stephen Cavanagh

[Addendum: Since this decision was released and our commentary posted, Mr. Justice Paul Perell has released reasons in Ng v. Beline that deal directly with the issue discussed in this post. It appears that neither the Court of Appeal nor … Continue reading →

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Subrogation by Landlord’s Insurer Permitted Despite Tenant’s Rent Being Applied to Landlord’s Insurance Premiums

Posted on August 20, 2008 by Stephen Cavanagh

1044589 Ontario Inc. (Nantucket Business Centre) dealt with the frequently-litigated issue of the right of a landlord’s insurer to advance a subrogated claim against a tenant. Here, Madam Justice Ruth E. Mesbur held that the landlord’s insurer was entitled to … Continue reading →

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Judge Says Plaintiff Not Required to Pursue Claim Against Tortfeasor As Condition of Accessing Uninsured Motorist Coverage

Posted on July 30, 2008 by Stephen Cavanagh

[Addendum: This decision was upheld by the Court of Appeal on August 21, 2009.] Ontario auto insurers might be surprised to learn that the Insurance Act and the standard auto policy do not require persons claiming against the uninsured motorist coverage to pursue anyone whose negligence … Continue reading →

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C.A. Adopts Broad Interpretation of “Subcontractor” in CGL “Your Work” Exclusion

Posted on July 18, 2008 by Stephen Cavanagh

This afternoon, the Court of Appeal released its decision in AXA Insurance v. Ani-Wall Concrete Forming. (We previously commented here on the decision of Perell J. from which the appeal was taken.) The issue in the case was whether Ani-Wall … Continue reading →

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First Bill 198 Decision Says Not Much Has Changed

Posted on May 2, 2008 by Stephen Cavanagh

Nissan v. McNamee is, so far as we know, the first decision to interpret the “gloss” on the Insurance Act threshold that was enacted by regulation O.Reg. 381/03 (the package of legislative changes commonly referred to as “Bill 198”). The regulation took effect on … Continue reading →

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