Limitation periods continue to be a hot topic in the context of disability benefits. A recently released Divisional Court decision seems to have shed a little light on this matter. In Western Life Assurance Company v. Penttila, the insurer brought a summary judgment...
A recent Court of Appeal decision outlined the breadth of an insurer’s duty to defend. In Ernst v. Northbridge Personal Insurance Corporation, the application judge ruled that the insurer had a duty to defend the driver of an ATV. The insurance policy extended...
In the March 8, 2018 decision of Lipovetsky v. Sun Life Assurance Company of Canada, the plaintiff brought a motion to the Superior Court of Justice for a more fulsome affidavit of documents from the defendant insurer. The most interesting allegation in their motion...
In the recent decision of Kerwin v. Manulife Financial, the Ontario Superior Court dismissed a summary judgment motion by Manulife, declining to find that funds received in a retirement package are deductible from long term disability benefit payments. As a...
