Monthly Archives: November 2004

Assessing MVA Damages in 2005

There will soon be some significant changes to the way that BI damages are assessed in MVA cases. In this edition of our Update, we will try to assist you in applying these new principles.

Posted in Auto, Damages, Insurance News | Leave a comment

When is a Car not a Car?

The case of Meadowview Heights Ltd. v. Revivo raises some issues reminiscent of our undergraduate philosophy course in “Personal Identity”. But on a more prosaic level, the case is a useful interpreation of the exclusion, found in both homeowner’s and … Continue reading

Posted in Auto, Fire Insurance, Insurance News | Leave a comment

Underwriting File Ordered Produced

Royal & SunAlliance v. Lombard and Allianz is a Divisional Court decision from last month that slipped by us. It’s of some interest, so better late than never… RSA is suing Allianz for reimbursement for the amount paid to settle … Continue reading

Posted in Discovery, Practice and Procedure | Leave a comment

No Liability for Fire

Nothing earth-shattering about Goodliff v. Woodcock, but it is the latest case to deal with “accidental fires”. Usually, it’s the landlord’s insurer suing the tenant (and running into the body of caselaw where implied waivers of subrogation have frequently been … Continue reading

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Detailed Analysis of “Catastrophic Impairment”

In Desbiens v. Mordini, Mr. Justice Harvey Spiegel has written a very lengthy, comprehensive set of reasons in a personal injury case in which one of the key issues was the interpretation of “catastrophic impairment” in Regulation 461/96 of the … Continue reading

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Corrigendum on Branco Case

We have learned that yesterday’s Update on Branco v. Allianz erroneously referred to Allianz as the defendant. In fact, we now understand that Allianz was the AB carrier and although it had been a defendant originally, it was out of … Continue reading

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Plaintiffs Get Damages of $750, Costs of $21,000

This case, released today, is a bit of a head-scratcher.In Branco v. Allianz Insurance, the plaintiffs were claiming damages as a result of personal injuries suffered in a motor vehicle accident. The trial lasted eight days before Justice Siegel and … Continue reading

Posted in Auto, Costs, Damages, Insurance News, Threshold | Leave a comment

Important Costs Decision

The Court of Appeal today released its decision in Moon v. Sher , which can be viewed at: We had been anticipating the release of this case, having learned a few weeks ago that Justice Borins of the Court … Continue reading

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Investigator’s Contact with Plaintiff Fatally Taints Evidence

In Cowles v. Balac, released November 4, 2004, Justice MacFarland of the Ontario Court deals with a problem that we have encountered from time to time: an investigator making direct contact with a plaintiff who is represented by counsel. The … Continue reading

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Latest “Duty to Defend” Case

In A.R.G. Construction Corp. v. Allstate Insurance Co., Mr. Justice Ferrier of the Ontario Superior Court has provided an up-to-date review of the law pertaining to duty to defend, particularly in the context of a CGL policy. The decision can … Continue reading

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