New@SBA.
Trieu v. Aubin, 2025 ONSC 1141: Threshold + Refresher = Re-thresh-er?
While it is not groundbreaking, the Superior Court’s recent decision in Trieu v. Aubin should serve as a reminder, to plaintiff’s counsel, of the risks of taking a meritless claim to trial.
Priority Disputes: When “We’ll Get to It Later” Costs You the Case
A recently released priority arbitration decision illustrated the importance of adhering to the strict timelines within O. Reg. 283/95: Disputes Between Insurers.
Who’s a Dog Owner? Surprise – It’s You!
Amanda, a dog walker, had been babysitting Forrest Gump – not a movie character, but a Boxer dog – at his owners’ house. She wanted to let him out to do his business in the backyard. When Amanda approached Forrest to put dog booties on him, he …
Limitation Periods: A Fire Trapped in Time?
An architect helped complete a roofing renovation in 2001. The roof ignited 18 years later. Is the architect protected by the 15-year ultimate limitation period? The answer might set you ablaze.
Unsworn Proof of Loss: No Barrier to Assessing Value of Property
Can an unsworn Proof of Loss spark a successful claim for underpaid insurance claims? The Ontario Court of Appeal fueled a decision that could impact claims handling.
Faithfully Wed but Legally Misled?
Dealing with Claimants Who Have Entered Voidable or Void Marriages in Good Faith in the Context of Priority Disputes – the Second of our Three-Part Series Dealing with the Definition of “Spouse” in the Insurance Act.
Delay in Reporting Claim Proves Costly
In Furtado v. Lloyd’s Underwriters 2024 ONCA 579, the Ontario Court of Appeal determined whether a policy holder was allowed coverage for claims made pursuant to the company’s directors and officers policy.
Too Little, Too Late?
When an insurer gives priority notice beyond 90 days, can it engage the “saving provisions” in O. Reg. 283/95?
Hockey Brawl Leads to Legal Scramble: The Pitfalls of Summary Judgment in Complex Liability Cases
The Plaintiff was injured during a hockey tournament when the Defendant assaulted him with a goalie stick. The Plaintiff sued for damages, claiming negligence against the owner of the arena complex, the tournament organizer…
Ladders, Occupiers’ Liability, and Equipment Failures: Who Takes the Fall?
A hired welder, working on a 12-foot ladder, was sent plummeting to the ground after his machinery malfunctioned.
Three-Way Priority Battle Ends in A Tie
At the age of 17, the claimant was an occupant of a vehicle insured by Certas that was involved in a single vehicle collision. Her application for accident benefits triggered a priority dispute over whether she was principally financially dependent o…
Schrödinger’s Incident: An “Accident” and Not At The Same Time
The Ontario Court of Appeal affirmed that an incident can be both an “accident” and not an “accident” under the SABS at the same time—a legal paradox worthy of Schrödinger’s cat!