Articles

About Articles The following articles are published by the Insurance Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editors: Sudevi Mukherjee‐Gothi and Tracey Hamilton

Today
Today

Occupier’s Liability Act Not Going to the Dogs Just Yet

  • January 09, 2018
  • Melissa Miles

The Divisional Court in Seipt v. Irvine, claim No: (4)25121539, heard an appeal regarding a personal injury case going back to the summer of 2007. The defendants held a backyard birthday party and invited the 57 year old plaintiff. The defendants had two dogs, one being Tazzie, a pitbull. The plaintiff was aware that the defendants had these dogs. It was accepted during the trial that the plaintiff had a fear of dogs. She nonetheless attended the party...

Insurance Law

Impeachment Process: Plaintiff rear-ends car in front, sues and loses

  • January 09, 2018
  • Jordan Black

In Chernet v. RBC General Insurance Company, the Ontario Court of Appeal upheld the motion judge’s decision to dismiss a Plaintiff’s case by way of summary judgment. The Plaintiff’s allegations in the case seemed at odds, from the start, with the generally accepted rules about rear-end accidents.

Insurance Law

Insurance Policy Covers Defence Costs Incurred for Directors and Officers in Security Regulators’ Investigation

  • October 27, 2017
  • Nina Bombier, with the assistance of Graham Henry (Student-at-Law)

As regulatory investigations and litigation against corporate directors and officers become increasingly complex and extensive, insurance policies covering defence costs are all the more important. But how far does this coverage stretch? The recent decision of Liberty Silver v Liberty Insurance demonstrates the significant value these policies can provide in covering an early and proactive legal defence.

Insurance Law, Student Forum

OBA Excellence in Insurance Law Award Acceptance Speech

  • October 23, 2017
  • Don Rogers Q.C.

On June 21, 2017 the OBA Award of Excellence in Insurance Law was proudly presented to Donald H. Rogers of Rogers Partners LPP at the Toronto Eaton Centre Marriott celebrating Donald’s contributions to the profession. This is the transcript of his acceptance speech.

Insurance Law, Student Forum
The Low-Down on PIPEDA Requests in Personal Injury Cases

The Low-Down on PIPEDA Requests in Personal Injury Cases

  • May 11, 2017
  • R. Lee Akazaki

Seemingly out of nowhere, institutional litigants, insurers and the third-party vendors they retain to support their obligations in responding to claims have been inundated with requests for disclosure on pain of complaints or actions to collect damages under PIPEDA. In some instances, parties directly approach non-parties such as medical experts and private investigation companies and demand production of documents separately from any disclosure procedures in the claims or law suits.

Insurance Law
Case Comment: <em>158444 Ontario Ltd. v. State Farm Fire and Casualty Company</em>

Case Comment: 158444 Ontario Ltd. v. State Farm Fire and Casualty Company

  • February 08, 2017
  • Shane H. Katz

This case serves as a reminder to all litigants that any allegations that have the potential to be proven must be pled at the outset to ensure that proper discovery is conducted and to avoid the need to explain away delays during motions to amend pleadings. The case can also be used as a leading case in Ontario regarding the evidentiary requirements for actual and presumed prejudice during motions to amend pleadings as a result of Justice Hourigan’s thorough reasons.