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...
by SBA Lawyers | Apr 11, 2018 | Court Proceedings, Coverage
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...
by Laura Emmett | Apr 3, 2018 | Court Proceedings, Occupiers’ Liability
The Court of Appeal recently released their much anticipated decision dealing with the impact of waivers. The Court heard two cases together that dealt with patrons who were injured while skiing at resorts. In both instances, the patrons executed the ski resorts’...
by Fiona Brown | Mar 29, 2018 | Court Proceedings, Occupiers’ Liability
The Ontario Court of Appeal just released its decision in Tondat v Hudson’s Bay Company et al. The facts of the case are ones we typically see in Occupiers cases. The plaintiff, Sandra Tondat, slipped and fell when entering The Hudson’s Bay Company (“The Bay”) and...
by SBA Lawyers | Mar 14, 2018 | Court Proceedings
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...
