Laura L. Emmett

Laura L. Emmett

Lerners LLP

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ATVs on the Road - Insurance is a Must

The Court of Appeal, in Matheson v. Lewis, [2014 ONCA 542] recently held that an All Terrain Vehicle ("ATV") is an off-road vehicle that must be insured while on a roadway. The Plaintiff was injured in an accident as...more

9/16/2014 - Appeals ATV Accidents Auto Insurance Canada

Accidents Outside Ontario - Where Do You Still Qualify for Accident Benefits?

The Financial Services Commission of Ontario ('FSCO") decision by Arbitrator Osundi in Jama and Aviva Canada Inc. (FSCO A13-004308) (“Jama”) is the most recent decision considering the territorial limits of the Statutory...more

8/27/2014 - Auto Insurance Canada Car Accident Death Benefits

The Court of Appeal’s Most Recent Comment on Jurisdictional Issues

In Tamminga v. Tamminga [2014 ONCA 478], the Court of Appeal considered whether an Ontario resident, who was injured after falling off a truck in Alberta, could maintain a claim in Ontario. Both owners of the truck were...more

7/18/2014 - Auto Insurance Bodily Injury Canada Jurisdiction Trucking Accident

Change of Venue Motions – What You Need to Know as of July 1, 2014

The Superior Court of Justice has recently weighed in on the issue of transferring actions in certain regions within Ontario in the Practice Directions which are effective as of July 1st, 2014. The Practice Direction applies...more

7/9/2014 - Canada Transfer of Venue Venue

ODSP – Is it deductible from Non-Earner and Income Replacement Benefits?

The decision by Arbitrator Alves in Anglin v. State Farm [FSCO A11-000817] resolves the issue of whether an Insurer is able to deduct ODSP payments from non-earner benefits. In this case, at the time of the accident, the...more

6/30/2014 - Deductibles Disability Disability Insurance Insurers State Farm

The Importance of Settlement Authority at a Pre-Hearing

Arbitrator Wilson’s recent decision in Dabrowska and Aviva Canada [FSCO A13-007793] is a warning to Insurers attending Financial Services Commission of Ontario (FSCO) pre-hearings – always have authority!...more

5/9/2014 - Arbitration Canada FSCO Insurance Companies Rules of Civil Procedure Settlement

Sietzema v. Economical

Some appellate clarity on the issue on non-earner benefit is now emerging some two years after the confusion arising from the appellate decision in Galdamez v. Allstate....more

3/10/2014 - Allstate Employee Benefits Statute of Limitations

Plaintiff Counsel’s Impact on Limitation Periods

The recent decision in Conrad v. State Farm confirms once again that a Plaintiff cannot successfully argue that they did not understand that an Explanation of Benefits (OCF-9) terminating or denying benefits starts a...more

1/27/2014 - Denial of Benefits State Farm Statute of Limitations

Settlement Disclosure Notices – Are They Necessary In Litigation

For many years, the leading case on the need for Settlement Disclosure Notices after litigation was commenced was the Court of Appeal's decision in Igbokwe v. HB Group Insurance Management Ltd. ([2001] O.J. No. 3018)....more

12/10/2013 - Disclosure Settlement

Refusals Motions – When Should You Bring Your Motion?

In Jetport v. Jones Brown [2013 ONSC 2740 (S.C.J.)], Master Graham attempted to resolve some uncertainty as to whether a party that has set an action down for trial or has consented to an action being placed on a trial list...more

7/11/2013 - Federal Rules of Civil Procedure Motion to Compel Motion to Refuse

Priority Disputes - Step by Step Guide to Handling Claims

Priority disputes are governed by Ontario Regulation 283/95 – Disputes Between Insurers (hereinafter “Regulation”). The Regulation was established in 1995 to ensure payment of Statutory Accident Benefits to injured persons...more

10/18/2012 - Priority Disputes Statutory Accident Benefits

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