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Live Nation v Aviva: A Landmark Insurance Defence Case
Shocking Verdict Revealed in Live Nation v Aviva Insurance Battle – The Inside Scoop on the Game-Changing Landmark Case!
Commensurate Post-104 Week Employment Not a SABS Requirement
The Div Crt has ruled that the SABS post-104 “complete inability” test analysis of other suitable alternative employment does not require employment in a competitive, real-world setting, or employment which is comparable in terms of status and wages.
Intent is a state of mind. Or is it?
The insured stabbed a man while in the midst of a psychiatric episode. Find out why he was not entitled to a defence under his homeowners insurance policy.
The Grey: Featuring Section 28(4) of the WSIA, not Liam Neeson
Is the exception under section 28(4) of the WSIA black and white or shades of grey?
There once were two spouses, in two different houses
What does “have lived together in a conjugal relationship” mean where a couple did not live together for many months before the accident?
Underlying Suspicions Not Always Enough to Waive Litigation Privilege
In this recent motion, the Ontario Superior Court of Justice considered the requirements for a party to succeed in obtaining what is otherwise privileged information. In Salamaszynski v Michael Garron Hospital, the Plaintiffs requested any...
Will Any Reason Do?
The Ontario Court of Appeal has allowed Allstate’s appeal from the Divisional Court decision in Varriano v. Allstate Company of Canada. The claimant, Nunzo Varriano, was injured in a motor vehicle accident on September 30, 2015, and paid IRBs...
Civil Machines: The Current State of Autonomous Vehicle Liability*
In 2016, automobile manufacturers predicted that autonomous vehicles (“AVs”) would hit the road for wide consumer use as early as 2021. It is now 2022 and human operated vehicles still rule the road. Although the reasons for delay are not...
ONCA Wraps Up Wrap Up Policy Coverage Dispute
Recently, the Ontario Court of Appeal considered an insurer’s duty to defend in the context of a specific project wrap up liability policy. The decision did not include any ground-breaking principles, but it clarified a few points that may be...
No ambiguity: EI benefits are deductible from IRBs
The Divisional Court has recently weighed in on the deductibility of EI benefits from an income replacement benefit owing to an insured person after an accident. The Court held that all EI benefits are deductible as “gross employment income”....