Caithesan v. Amjad, 2016 ONSC 5720 In this case the Plaintiffs brought motions for summary judgment against the Defendant, Saad Amjad (Amjad) who was 16 years old at the time of the incident. He had taken his mother’s car without consent and then lost control of the car injuring two…
Intact Insurance Company v Beaudry, 2016 ONSC 6127 This was an application brought by the Insurer, Intact Insurance Company (Intact), to determine the proper interpretation of section 44 of the Statutory Accident Benefits Schedule (SABS). Section 44 of the SABS provides for an insurer’s right to obtain an examination of…
Estate Trustees often need to advertise a notice to creditors, as just one of their many estate administration tasks. Beyond the purpose of helping to discover unknown creditors of the deceased, advertising a proper notice to creditors will also provide an estate trustee personal liability protection from a creditor who…
We are very pleased to welcome four talented law school graduates to the firm for their articling year. Hamish Mills-MacEwan (left) completed his law degree at Queen’s University while Afton Maisonneuve (middle) and Joshua Vickery (right) both attended University of Ottawa. The three will be joined by University of Ottawa graduate…
Intact Insurance Company v Federated Insurance Company of Canada, 2017 ONCA 73 A father and his son were involved in an accident with another vehicle insured by Federated. The injured son claimed statutory accident benefits from the insurer of that vehicle, Intact. Intact denied the claim as it took the…
Unifund Assurance Co v Dominion of Canada General Insurance Co, 2016 ONSC 4337 This case arose when an insured, who owned and operated an automobile repair shop, was injured in a motor vehicle accident while riding in a customer’s vehicle. The insured applied to his own insurance, Dominion Insurance, rather…
Arcari v Dawson, 2016 ONCA 715. This is an appeal from an Order of Sloan J dismissing the Plaintiff’s motion to add defendants after the limitation period had expired. The appeal was dismissed. The Plaintiff was injured when she was struck by a vehicle while crossing the street in 2009….
The Ontario Court of Appeal in Dittman v Aviva 2017 ONCA 617 upheld the default motion judgement from Justice R.D. Gordon who found that the respondent was impaired due to an accident as defined in the Statutory Accident Benefits Schedule (O. Reg 34/10, Effective September 1, 2010) (SABS). The respondent…