Monthly Archives: May 2005

CPP Benefits Held Deductible from Income Loss Damages

In Meloche v. McKenzie, a decision of Mr. Justice Terrence Patterson, it was held that CPP disability benefits are deductible from an award of damages for pre-trial income loss in a Bill 59 motor vehicle case. It was also ordered … Continue reading

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

Fire Caused by Auto Repairs Not Covered by Tenant’s Liability Insurance

Attached is a copy of Justice Lally’s reasons in Blight v. AXA and Royal & SunAlliance, decided last Friday in Belleville. The court ruled that there was no liability coverage under a tenant’s insurance policy for a fire that broke … Continue reading

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C.A. Confirms that Occupiers Are Not Insurers

In Doyle v. Petrolia, released a few minutes ago, the Court of Appeal has reaffirmed the principle, that occupiers of property are not insurers. The Occupier’s Liability Act does not require that occupiers of property guard against every possible risk, … Continue reading

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C.A. Finds Lessee of Vehicle Insured by Leasing Company’s Umbrella Policy

This afternoon, the Court of Appeal released its decision in Avis Rent-A-Car System Inc. v. Certas Direct Insurance Company. The ruling is an important one for car rental companies and their insurers. The Court held that a renter of a car … Continue reading

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C.A. Says Excess Insurer Not Liable for Defence Costs

Last week, the Court of Appeal released a decision that addressed a recurring issue: “when will an excess insurer be required to contribute to defence costs incurred by a primary insurer in defending an action against a common insured?” It … Continue reading

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Back Injury Pierces Threshold

Lahay v. Henderson arose out of an MVA which left the plaintiff with soft tissue injuries, principally to his back. Liability was admitted. The trial judge ruled that the plaintiff, a manual labourer before the accident, would never be able … Continue reading

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