by Shalini Thomas | Jun 12, 2018 | Court Proceedings
The plaintiff was successful in his lawsuit against a speedway for injuries sustained while moving out of the way of a stock race car that came off its track. At the end of the seven-day trial in Belleville, the parties could not agree on costs. In coming to its...
by Laura Emmett | May 31, 2018 | Court Proceedings
Apple watch leads to distracting driving conviction. A recent Ontario Court of Justice case brings to light a new distracted driving concern – Apple wrist watches. Ms. Ambrose was convicted of “drive hand-held communication device” – really, distracted driving –...
by Shalini Thomas | May 22, 2018 | Court Proceedings
In January 2012, the plaintiff was walking along the sidewalk in front of a newly built home when she allegedly tripped over the bottom of a construction fence that was covered in snow and fell into a depression in the road next to the sidewalk, injuring her ankle....
by SBA Lawyers | Apr 19, 2018 | Court Proceedings, Disability
The recent Superior Court decision of Nemchin v. Green by Corthorn J. is a significant win for auto insurers dealing with the deductibility of collateral benefits from large future loss of income awards. The plaintiff was injured in a motor vehicle accident in 2010. A...
by Laura Emmett | Apr 17, 2018 | Court Proceedings, Coverage, Cyber and Privacy
Following the creation of the tort of intrusion upon seclusion in 2012, we have seen numerous cases that have clarified the application of same. In the most recent pronouncement, Oliveira v. Aviva Canada Inc., the Court of Appeal dealt with whether the duty to defend...
by Laura Emmett | Apr 11, 2018 | Court Proceedings, Coverage
On April 10, 2018, the Divisional Court released an important decision regarding ATV incidents outside of Ontario. Specifically, in Benson v. Belair Insurance Co. Inc., the Divisional Court considered whether the Claimant was entitled to statutory accident benefits...
