Uninsured Automobile Coverage - Update from the Court of Appeal 22 janvier 2014 Christina Polano In Bruinsma v. Cresswell, the Ontario Court of Appeal had the opportunity to consider the interplay between the Statutory Conditions in the Insurance Act and Uninsured Automobile Coverage. This article outlines the Court's decision as to which will trump when there is an apparent conflict.
Multiple Deductibles in Multiple Accidents: Martin v. Fleming & Campoverde 22 février 2013 Derek V. Abreu On October 29, 2012, the Ontario Court of Appeal heard the appeals in Martin v. Fleming and Martin v. Campoverde & Sisoun...
Message from the Chair 22 février 2013 Kathleen J. Kelly I am delighted to be the 2012-2013 Section Chair for Insurance Law and I encourage all of you to think about how you would like to be involved, or more involved, in Section and/or OBA activities.
Green Insurance and 'LEEDigation' 17 février 2013 Julie Mohanna A trend seems to be emerging amongst insurers in Ontario. Many are considering Green insurance for Leadership in Energy and Environmental Design ("LEED") constructed buildings.
Papapetrou and the Duty to Defend: A Rejection of the "True Nature Test" 17 février 2013 Louise A. James On July 23, 2012, the Ontario Court of Appeal rendered its decision in Papapetrou v. 1054422 Ontario Ltd.
An Insurer's Duty to Defend: Clarity from the Court of Appeal 17 février 2013 Tate McLeod In Tedford v. TD Insurance Meloche Monnex, the Ontario Court of Appeal provides helpful guidance concerning an insurer’s duty to defend.
Meet the Executive 17 février 2013 This issue, we introduce Executive members Patrick Brown and Aleksandra Zivanovic.
Consequences of Incivility and Personal Attacks: Carleton v. Beaverton Hotel 06 mars 2012 Civil litigation is an adversarial process but it is a process that should be exercised with professionalism, civility and dignity.
New SABS: Insurer Paid Income Replacement Benefit Reports 06 mars 2012 Ian Wollach The New SABS introduces an income replacement accounting report benefit of up to $2,500 per insured. This benefit applies to both employed and self-employed claimants, irrespective of whether the accident occurred before or after September 2010.
Apportioning Liability in Single-Vehicle Accidents 06 mars 2012 David Elmaleh The Clash between Contributory Negligence, the Driver’s Liability, and a Municipality’s Duty of Care.