Monthly Archives: May 2007

C.A. Upholds Jury’s Dismissal of Slip and Fall Action

In Kerr v. Loblaws Inc., the Ontario Court of Appeal was asked to set aside a jury’s dismissal of a claim for personal injury damages. The plaintiff had slipped on a single grape at a Zehr’s store operated by Loblaws. … Continue reading

Posted in Occupier's Liability, Tort News | Leave a comment

Court Considers Scope of Insurer’s Examination Under SABS

In three separate applications that were heard together, Madam Justice Elizabeth Stewart of the Superior Court ruled on the scope of an insurer’s examination under oath of a statutory accident benefits claimant. Such examinations are authorized by s. 33(1.1) of the … Continue reading

Posted in Auto, Insurance News | Leave a comment

Solicitor for LTD Claimant Personally Liable for Costs of Third Party Proceedings Against Insurer’s Employees

In a ruling that is certain to send a chill through the plaintiffs’ bar, Madam Justice Anne Molloy has ordered a solicitor who was representing a disability insurance claimant to pay costs of an abortive third party proceeding against the … Continue reading

Posted in Costs, Insurance News, Lawyers | Leave a comment

Insurers Must Time Withdrawal of Premiums Correctly Before They Can Terminate for Non-payment

Minister of Finance v. Progressive Casualty Insurance Company of Canada contains an interesting discussion of what an insurance company must do before it can terminate an auto policy for non-payment of premiums. (Perhaps the word, “interesting” in the last sentence … Continue reading

Posted in Auto, Insurance News | Leave a comment

ODSP Benefits Not Deductible from MVA Damages

In Moss v. Hutchinson & Associates, Mr. Justice Peter Howden has ruled that benefits received by a plaintiff from the Ontario Disability Support Program (“ODSP”) are not deductible from an award of tort damages. The action arose out of a … Continue reading

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