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Friday, June 02, 2017 @ 09:09 AM

Appeal decision shines light on life insurance, Succession Law Reform Act

The recent decision of the Ontario Court of Appeal in Dagg v. Cameron Estate, 2017 ONCA 366 contains important lessons for family and estates lawyers, mediators and financial advisers.   ... [read more]

Tuesday, May 30, 2017 @ 08:43 AM

INSURERS - Duties - Duty to defend

Appeal by the insurers from a decision finding that they had a duty to defend their insured in an action for fraud, theft, misappropriation and wrongful conversion. The insured was a metal broker. In the action, the plaintiff, a nickel producer, alleged that the co-defendant stole nickel from the plaintiff and sold it to the insured. The insured, knowing that the product was stolen, fraudulently represented to a third party that it lawfully owned or possessed the stolen product, and subsequently resold the stolen product to the third party for less than fair market value. The application judge considered the reasonable expectations of the parties and found that when the insured bought or sold metal, it would be offered liability coverage under the policy for decisions that were negligent during the course of those operations. The application judge determined that the claim was for conduct in the ordinary course of the insured buying and selling metal, and concluded that a policy exclusion, which indicated that there was no coverage if damage was expected or intended, did not apply. ... [read more]

Friday, May 26, 2017 @ 08:54 AM

You’re not buying an insurance policy, you’re buying the right to sue

Insurance companies, the Law Society of Upper Canada (LSUC), and The Toronto Star have been making a lot of noise about personal injury lawyers. The perception is that personal injury lawyers are a predatory bunch, motivated only by selfish financial interests. Ambulance chasers. Bottom feeders. But the role of the personal injury lawyer is to fight with the insurance company, to oblige them to honour the policy. ... [read more]

Thursday, May 25, 2017 @ 10:03 AM

ICBC’s anti-fraud advertising: purely educational or jury interference? | Sandra Kovacs

Earlier this year British Columbia’s public auto insurer, the Insurance Corporation of British Columbia, released a new “anti-fraud” TV commercial featuring an adorable ginger-haired little boy wearing his dad’s hard hat, standing at the front of his elementary school classroom, delivering his presentation on Career Day: My dad’s a carpenter. He builds houses. But he’s not working right now, because he got hurt in a car crash. So now, we go mountain biking together almost every day! And he says he’s going to make a whole bunch of money, too. And now, he’s building a tree house in our backyard!” ... [read more]

Monday, May 15, 2017 @ 08:26 AM

Tort defendants responsible for accident benefit arbitration costs

Access to justice is being denied for injured Ontario motorists as a result of the mandated use of the Licence Appeal Tribunal (LAT) as the exclusive means to resolve all accident benefit disputes given that the LAT does not allow a claimant to recover any dispute costs. But, thankfully, the courts have found a back-door way to award arbitration costs to injured motorists as part of tort cost awards. ... [read more]

Thursday, May 11, 2017 @ 08:23 AM

Genetic Non-Discrimination Act creates fundamental change for insurance industry Brent Mizzen

Genetic discrimination is now banned in Canada. As of May 4, the Genetic Non-Discrimination Act bars anyone from requiring a person to take a genetic test or to reveal the results of one for the purpose of providing goods, services or entering into a contract. ... [read more]

Wednesday, May 10, 2017 @ 06:08 AM

Novel appeal court ruling restores insurance protection for support

To the relief of family law lawyers, the Ontario Court of Appeal has restored the efficacy of a life insurance clause typically used to secure child and spousal support for hundreds of thousands of recipients in the province. Importantly, however, the appeal court is being asked by counsel to clarify that its judgment restores the effect of such clauses in separation agreements, and not just in court orders. ... [read more]

Friday, May 05, 2017 @ 08:43 AM

INSURERS - Duties - Duty to defend

Appeal by the plaintiff, Mason Homes, from the dismissal of its action against the defendant, Lombard General Insurance. The plaintiff, a property development company, entered a subdivision agreement with a municipality in respect of construction of a residential home on a steep slope that exceeded the maximum municipal standards. The agreement required the plaintiff to include a warning regarding the slope steepness in the agreement of purchase and sale for the eventual homeowners. The plaintiff failed to include the warning and the agreement for purchase and sale included a rendering that displayed the land parcel as level. The homeowners sued the plaintiff alleging the omission of the warning regarding the grading was deliberate, and that the plans for the overly steep property grading were grossly negligent. The plaintiff settled the homeowners' claim and sought indemnification from its insurer, the defendant. A motion judge dismissed the plaintiff's action on the basis the defendant had no duty to defend or indemnify the plaintiff under its commercial general liability policy. The judge found that the plaintiff's claim was based on deliberate conduct rather than an accident, and that the policy's exclusions expressly precluded coverage. The plaintiff appealed. ... [read more]

Thursday, May 04, 2017 @ 08:42 AM

Patients First Act becomes law in Ontario

On Dec. 8, 2016, the Patients First Act (Patients First) received royal assent. Patients First could pave the way for unprecedented intervention in the governance of health service providers (HSPs). ... [read more]

Thursday, May 04, 2017 @ 08:30 AM

AUTOMOBILE INSURANCE - Accident benefits - Income replacement

Application by Sandulak for leave to appeal a decision by the Automobile Injury Compensation Appeal Commission (Commission). The applicant was a commercial truck driver. He missed several weeks of work following the theft of his vehicle. He consequently sought income replacement indemnity benefits based on a loss of income caused by business disruption. An internal review officer of the Manitoba Public Insurance Corporation (MPIC) denied the claim on the basis the applicant did not suffer any bodily injuries. The applicant appealed to the Commission. He argued he was entitled to the benefits claimed. Alternatively, he raised Charter and human rights arguments in favour of his claim. The Commission dismissed the appeal and confirmed the MPIC officer's decision. The Commission found the applicant clearly did not fall within the benefit provisions, as he had not suffered bodily injuries in a motor vehicle accident. The Commission gave extensive reasons explaining why the Charter and human rights principles were not engaged. The applicant sought leave to appeal to the Court of Appeal. ... [read more]