Monthly Archives: March 2004

AB Settlements Can Be Rescinded at Any Time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 | Leave a comment

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 | Leave a comment

Wife’s Insurer Won’t Pay Husband’s $1.8 Million Judgment

A plaintiff who was seriously injured in “an altercation” outside his former house has been unsuccessful in his attempt to collect his judgment from AXA Insurance. The case is Umlauf v. AXA and a copy is attached. The plaintiff obtained … Continue reading

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“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

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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 | Leave a comment

Slip and Fall Claim Dismissed on Causation Basis

A recent occupier’s liability case resulted in a ruling in favour of the defence. The case was a fairly garden-variety parking lot slip and fall. What is interesting is that although the trial judge (Madam Justice Sarah Pepall) found that … Continue reading

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C.A. Decision May Expand Liability of Municipalities

The Court of Appeal has just released its decision in Ouellette v. Town of Hearst and we attach a copy of the decision. This is an important case that interprets certain provisions of the former Municipal Act, limiting the right … Continue reading

Posted in Limitation Periods, Tort News | Leave a comment

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

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Premiums on Costs

Attached is a decision handed down last week, dealing with an issue that is (or should be) of growing concern to insurers: premiums on costs. In Walker v. Ritchie, Ontario Superior Court judge Brockenshire awarded a costs premium of $200,000 … Continue reading

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