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Thursday, January 02, 2020 @ 11:34 AM

Tomec v. Economical: Ruling on limitation periods protects injured plaintiffs Disability insurance form

The Ontario Court of Appeal ruled in a decision released Nov. 8, 2019, that limitation periods under the Statutory Accident Benefits Schedule (SABS) are subject to discoverability and are not to be considered “hard limitation periods.” ... [read more]

Tuesday, December 24, 2019 @ 6:20 AM

AUTOMOBILE INSURANCE - Accident benefits

Appeal by Tomec from a Divisional Court judgment confirming that her claim for certain statutory accident benefits was out of time. ... [read more]

Friday, December 20, 2019 @ 10:41 AM

Standard of review post-Dunsmuir: Reasonable or incorrect? | Heather MacIvor

In spring 2018 the Supreme Court of Canada signalled a seismic change in its jurisprudence on administrative law. It granted leave to hear three appeals — two of which were later merged into one — and invited submissions on the standard of review. The appeals were heard in December 2018, and the decisions finally issued on Dec. 19, 2019, (Canada (Minister of Citizenship and Immigration) v. Vavilov 2019 SCC 65, and Bell Canada v. Canada (Attorney General) 2019 SCC 66). ... [read more]

Thursday, December 19, 2019 @ 2:37 PM - Last Updated: Friday, December 20, 2019 @ 11:06 AM

SCC rewrites standard of review framework for administrative law in landmark trilogy Aubin Calvert

In a bid to enhance clarity, predictability and access to justice in a muddled area of law that impacts many Canadians, seven of nine judges of the Supreme Court of Canada have collaborated to devise a new standard of review framework which emphasizes that courts should presumptively exercise deference when overseeing administrative decision makers, while also retaining “limited” scope for correctness review. ... [read more]

Thursday, December 19, 2019 @ 1:26 PM

Autonomous vehicles and collection of personal data Autonomous car with data

Autonomous vehicles have the potential to reduce human error and increase driver safety. In order to do so, these vehicles must collect a driver’s personal data. But what does this mean for individuals involved in motor vehicle accidents? ... [read more]

Tuesday, December 17, 2019 @ 2:29 PM

Ruling questions default prejudgment interest on non-pecuniary damages Scissors cutting money

In MacLeod v. Marshall 2019 ONCA 842, the Court of Appeal confirmed that Ontario courts have discretion when setting the prejudgment interest (PJI) rates for non-pecuniary damages arising from personal injury actions, thereby signalling a possible shift away from the default rule of five per cent PJI as contemplated by Rule 53. ... [read more]

Monday, December 16, 2019 @ 9:34 AM

AUTOMOBILE INSURANCE - Accident benefits - Death benefits

Appeal by the insured’s dependent children from a decision dismissing their action for a declaration that they were each entitled to a full spousal death benefit under the Automobile Accident Insurance Act, not to a prorated share of that amount. ... [read more]

Friday, December 13, 2019 @ 11:22 AM

Failure to do deal with insured in good faith leads to punitive damages Hands going through forms

A recent disability decision offers a compelling wake-up call for insurers who unreasonably refuse to pay a claim. ... [read more]

Thursday, December 12, 2019 @ 6:30 AM

AUTOMOBILE INSURANCE - Accident benefits - Definitions

Appeal by B from a decision dismissing his claim for statutory accident benefits (SABs). ... [read more]

Wednesday, December 11, 2019 @ 10:38 AM

Off-coverage positions and timing of a breach of policy defence Businesswoman tearing up paper

Once notified of an accident, although it is prudent for an insurer to consider whether there is a coverage issue at the outset of a dispute, this may be easier said than done. The question of when an insurance company is allowed to declare that a policy will not cover a particular accident has and will continue to arise in litigation. ... [read more]