Category Archives: Damages

Principles relating to the assessment of damages.

Important “Crumbling Skull” and Threshold Decision

In a decision handed down yesterday, Ottawa judge Madam Justice Giovanna Toscana Roccamo awarded damages of more than $700,000 to two chronic pain plaintiffs. The case is Hartwick v. Simser. The 63 page decision of Madam Justice Toscana Roccamo will be … Continue reading

Posted in Auto, Auto (Tort), Damages, Insurance News, Threshold | Comments Off on Important “Crumbling Skull” and Threshold Decision

Insurer Must reimburse MVAC Fund for Accident Benefits

In Kalinkine v. Superintendent of Financial Services Commission, a Superior Court decision released this week, The Personal Insurance Company was ordered to reimburse the Motor Vehicle Accident Claims Fund for accident benefits payments paid in error by the Fund. We … Continue reading

Posted in Auto, Collateral Benefits, Insurance News | Comments Off on Insurer Must reimburse MVAC Fund for Accident Benefits

AB Settlements Can Be Rescinded at Any Time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Posted in Auto, Collateral Benefits, Insurance News | Comments Off on AB Settlements Can Be Rescinded at Any Time

“Doctored” Surveillance Nets $3 Million Award

Insurers who have been shocked to see awards of punitive damages in the hundreds of thousands of dollars should count their blessings and be glad they’re not private investigation firms. (copy of decision) In Hordo v. Mrowiec, the Superior Court … Continue reading

Posted in Damages | Comments Off on “Doctored” Surveillance Nets $3 Million Award

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 | Comments Off on Disability Benefits Reduce Uninsured Limits

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 | Comments Off on Benefits for Home Renovations Alllowed by Superior Court