The Ontario Superior Court has released a summary judgment decision in a motor vehicle accident tort action dealing with a limitation period issue. The decision appears to be the first of its kind since the Supreme Court of Canada’s decision…
Read more →IBC is shining a spotlight on the huge problem of insurance fraud. This year’s theme to consumers is “Don’t Be Scammed.” The insurance industry joins forces with Financial Services Commission of Ontario, Toronto Police Services and other organizations all involved…
Read more →In Westaqua Commodity Group Ltd. v. Sovereign General Insurance Co., 2014 CarswellBC 396, the British Columbia Supreme Court found that the plaintiff insured was not entitled to coverage under its CGL policy for the cost of a third party disposing of a…
Read more →I previously reported that based on HCAI data that it appears the minor injury definition was holding up. However, that doesn’t mean claimants are remaining in the Minor Injury Guideline (MIG). I would like to continue to examine data related…
Read more →I assisted Justice Douglas Cunningham carry out his review of the Ontario auto insurance dispute resolution system (DRS). His report was recently submitted to the government and included 28 recommendations which if implemented would remove the system from Financial Services…
Read more →In a significant decision, the Ontario Court of Appeal in Kozel v. The Personal Insurance Company has held that: (1) s. 98 of the Courts of Justice Act, which is broader than s. 129 of the Insurance Act, can be…
Read more →Charles Sousa, Ontario Minister of Finance, just released the report of the Honourable J. Douglas Cunningham on the Automobile Insurance Dispute Resolution System (DRS) in Ontario. Although his review was for the purpose of speeding up claims settlements and reducing costs, it would appear…
Read more →The Court of Appeal for Ontario has upheld an insurer’s summary judgement motion, dismissing a claimant’s action against her accident benefits insurer because she missed the two-year limitation period. Tanya Sietzema was involved in a car accident November 11, 2005. She filed…
Read more →