Wilk v Arbour, 2017 ONCA 21. This is an appeal from an order of Faieta J. dismissing the Plaintiff’s motion for summary judgement under the Dog Owner’s Liability Act and granting the Plaintiff’s cross-motion, finding that she was entitled to damages. The appeal was allowed. The Plaintiff was injured when,…
News & Resources
Unnamed Insured May be Able to Recover Damages For Denial for Benefits of Another Insured
Watkins v Western Assurance Company, 2016 ONSC 2574 The Plaintiff’s mother was injured in a motor vehicle accident in 2003 when he was 15 years old. The Plaintiff was not in the car at the time of the accident. In 2011 he brought a claim for damages arising out of…
Cost Savings in Summary Judgment Motions
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…
Not all Medical Examination Consent Forms are Created Equal
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 Notice to Creditors – Online vs Newspaper
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…
Welcome to our Articling Students
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…
Insurers can still face liability after conviction for driving without insurance
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…
Accident Benefits Disputes Require Notification to the Other Insurer and the Claimant Within 90 days
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…