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Relief from Fur-feiture – Fraud versus Wilful Misrepresentation
On May 9, the Ontario Superior Court released a decision which reminds us of three important lessons: A court will allow juries to use their common sense to make decisions; Telling your insurer you had a fur coat when you didn’t will probably be...
C’mon Join the Joyride
Risk of personal injury after vehicle stolen by two minors from commercial garage found not to be reasonably foreseeable. The Supreme Court of Canada has weighed in on the duty of care owed by a business that stores vehicles to someone who is...
Choose Wisely: LTD Insurer Entitled to WSIB Offset Despite Tort Election
In a recent decision, of Wilken v. Sunlife, the Ontario Court of Appeal has confirmed that a long-term disability insurer is entitled to enforce the wording of the policy where a participant’s action or inaction would adversely vary an insurer’s...
The Wheels on the Bus, and other Regular Use Rhymes
Is a school bus company making a bus available for an employee driver’s regular use “at the time of the accident”, if she is not allowed to use the bus at the time of an accident? In TD Insurance v. Dominion, the claimant worked for a school bus...
Granny Smiths to Honey Crisps: Auto Defendant Entitled to Assignment of LTD Benefits
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...
Hospital Hi-jinks: Insurer’s Duty to Defend Extended to Nosy Nurse
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...
New Case: ON Coverage laws limited if MVA in BC
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...
The Wide Latitude of a Duty to Defend
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...
Disability Long Term Disability Insurance: Common Employer Misconceptions
Employers often provide their employees with access to long-term disability benefits through a group benefit plan. These benefits are usually provided and administered by a third party insurer. The insurer’s role is to manage the disability claim...
Waiver On: The Court of Appeal confirms the validity of Waivers
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...