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Category Archives: Auto
AB Settlements Can Be Rescinded at Any Time
We have attached a copy of the decision in Navage v. Pilot Insurance, just released by the Ontario Superior Court. It deals with the consequences of an insurer’s failure to comply fully with the provisions of s. 9.1 of a … Continue reading
Posted in Auto, Collateral Benefits, Insurance News
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Injury is Permanent But Not Serious
A rare bird has been sighted: a threshold decision in favour of the defence. In Singh Kapoor v. Patterson, a copy of which is attached, Justice Wein dismissed an action arising out of a 1998 MVA. The dismissal was based … Continue reading
Posted in Auto, Insurance News, Threshold
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Disability Benefits Reduce Uninsured Limits
The Court of Appeal today released its decision in Kosanovic v. Wawanesa Insurance, a copy of which we have attached. The decision involved an interpretation of the former s. 2(1)(b) of Ont. Reg. 676. That regulation deals with “Uninsured Automobile … Continue reading
Posted in Auto, Collateral Benefits, Damages, Insurance News, Uninsured or Underinsured
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Benefits for Home Renovations Alllowed by Superior Court
We have attached a copy of a recent decision of the Ontario Superior Court that will be of interest to those dealing with accident benefits claims. The case is Alfred v. Allstate. The name might be familiar to you, as … Continue reading
Posted in Auto, Collateral Benefits, Insurance News
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SABS Loophole Upheld
The Court of Appeal has refused to correct an anomaly in the Statutory Accident Benefits Schedule, despite finding that it resulted from an error made in drafting the Insurance Act regulation. We attach a copy of the decision in Beattie … Continue reading
Posted in Auto, Insurance News
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Catastrophic Impairment; Discoverability in Fatal Accident Cases
This edition of Update includes: a case that deals with the determination of “catastrophic impairment” in the context of automobile insurance; and “discoverability” in a fatal accident claim.
Posted in Auto, Discoverability, Insurance News, Limitation Periods
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Absolute Liability Applies Even Where Injury Caused Intentionally
The Court of Appeal has just released a decision that is important to anyone working in the area of automobile tort litigation. The case is Joachin v. Abel. The plaintiffs in that case had been injured when the defendant Abel … Continue reading
Posted in Auto, Insurance News
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