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….
News & Resources
The Court of Appeal finds Spilt Coffee at a Drive-Through is an Insurable Accident
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…
Compelling Attendance at an Examination Under Oath Requires Notice but not Reason
Aviva Insurance Company of Canada v McKeown, 2017 ONCA 563 This case resulted from an appeal from Aviva Insurance Company of Canada (“Aviva”) regarding notice an insurer must provide to examine under oath (“examination) an applicant claiming benefits under the Statutory Accident Benefits Schedule – O. Reg 34/10 (the “Schedule”)….
Assent Compliance Secures $40M Equity Investment
Kelly Santini LLP advised Ottawa technology company Assent Compliance on their $40M equity investment led by Greenspring Associates of Maryland. Assent’s suite of products manages materials compliance, ethical sourcing, inspections, supplier management and supply chain data collection from one comprehensive dashboard. The Kelly Santini team was led by Michael…
Employer’s Guide to Maternity Leave
Maternity leave is one of the most stressful issues employers must manage. There are misconceptions about both the employer’s and the employee’s rights and responsibilities when it comes to such leave abound. Below, we address the most common questions asked by employers. Can I fire an employee for getting or…
Rick Campbell Headlines 13th Special Olympics Breakfast in October
We are delighted to announce that Rick Campbell, head coach of Ottawa’s Grey Cup champion RedBlacks, will be the keynote speaker at the 13th Annual Special Olympics Fesitval Breakfast on October 20th at the Shaw Centre. We hope you can join us for a morning of inspiration as we honour…
When One Size Doesn’t Fit All: Relationships & the Interpretation of Dependency for the Purposes of Accident Benefits
Intact Insurance Company v. Allstate Insurance Company of Canada, 2016 ONCA 609 In this case, Ms. Paula Chartrand had commenced a long-distance relationship with Mr. Kyle Houghton. As the relationship progressed, Ms. Chartrand decided to leave her husband and move from Sudbury, Ontario with her two daughters to Sarnia, Ontario…
Insurers Bear the Burden of Non-Compliance with Non-Renewal Notice Requirements
Echelon General Insurance Co. v. Ontario (Minister of Finance), 2016 ONSC 5019. The insured purchased a six month automobile insurance policy in December 2008. Just ten days later Echelon purported to cancel the policy due to non-payment of premiums. The notice was not valid in accordance with the Insurance Act…