There were a lot of influential and fascinating insurance law cases before the Courts in 2017. In this webinar, Mitch Kitagawa, Samantha Iturregui, Allison Russell and Crystal Schulz present and debate four rulings that will impact insurers in 2018 and beyond. Before hearing how the court riuled in each case, viewers…
News & Resources
Webinar – From Hull and Back – Handling Claims from Quebec Drivers in Ontario Accidents
Everyday day, thousands of cars cross the provincial border from Quebec into Ontario. But they don’t all return. Quebec and Ontario have very different car insurance legislation that impact how claims are handled and the damages that can be awarded. In this webinar, insurance defence lawyer Samantha Iturregui explains what happens…
Mortgage Insurers Now Offering Rebates For Green Homes
With the new mortgage rules in effect, qualifying for a mortgage is harder than ever for most Canadians. For Buyers who put less than 20% down on their purchase, mortgage insurance becomes a necessary evil- and adds thousands to your closing costs. The good news is that most new construction…
Insurers liable for breach of contract based on release
The Corporation of the Town of Huntsville v Lloyd’s Underwriters, 2017 ONSC 1208 This application dealt with Lloyd’s Underwriters’ purported obligation to defend the Town of Huntsville. The insurers had defended the Town in an initial action (“the first action”) up until settlement but, when residual issues resulted in a…
Insurer is not bound to advise of limitation period
Usanovic v Penncorp Life Insurance, 2017 ONCA 395. This is an appeal from an order of Broad J. granting summary judgement dismissing the appellant’s action against his disability insurer, Penncorp. The motion judge had granted summary judgement because the Plaintiff’s claim was time-barred. The Plaintiff was injured in 2007, when…
Changes to the Employment Standards Act – Webinar Recording
Changes to the Employment Standards Act Bill 148 does a lot more than increase the minimum wage to $14/hr. On January 1, 2018, many provisions of the Ontario Government’s Fair Workplaces, Better Jobs Act (Bill 148) will come into force. While changes to the minimum wage have dominated the…
Court finds denial letter met clear and unequivocal standard
Bonilla v Preszler et al., 2016 ONCA 759 – The respondent, an insurer, informed the appellant via two letters on February 4, 2003, that they will no longer be paying her income replacement benefits (“IRB”) after February 27, 2003. the appellant was represented by legal counsel and did not challenge the…
Full Liability Upheld Where Jury’s Conclusions and the Admission of Expert Evidence Not Patently Unreasonable
Hamilton v Bluewater Recycling Association et al (2016 ONCA 805) involved a motorcyclist (Hamilton) who tried to overtake a recycling truck as the truck turned left. The vehicles collided and Hamilton was grievously injured. Hamilton brought a personal injury action for damages. At trial, the jury found Hamilton 100% liable…