Tyler Kaczmarczyk

Tyler Kaczmarczyk

Lerners LLP

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Latest Publications


Court of Appeal Discusses Coverage Exclusions in Homeowner’s Insurance Policy - Bawden v. Wawanesa Mutual Insurance Company, 2013...

This recent decision of the Ontario Court of Appeal contains an interesting discussion regarding the applicability of a coverage exclusion found within many standard homeowner’s insurance policies — the exclusion of claims...more

12/17/2013 - Bodily Injury Canada Exclusionary Clauses Homeowner's Insurance Third-Party Liability

Williston v Hamilton (Police Service), 2013 ONCA 296

An insurer who refuses to participate in a mediation requested by a plaintiff in respect of a motor vehicle accident claim continues to risk increased exposure to costs. The Ontario Court of Appeal recently repeated that...more

7/10/2013 - Auto Insurance Canada Car Accident Insurers Mediation Motor Vehicles

Effective Use of Experts

The importance of expert opinion evidence in medical negligence litigation is well recognized. In Bafaro v. Dowd , Carpenter-Gunn J. states: Due to the specialized knowledge of the medical profession, expert evidence...more

5/2/2013 - Discovery Expert Testimony Expert Witness Medical Malpractice Negligence Testimony Trials

The Duty to Defend and the Apportionment of Defence Costs Tedford v. TD Insurance Meloche Monnex – Case Comment

This recent decision of the Ontario Court of Appeal considers the duty of an insurer to defend its insured and the circumstances in which that insurer can seek to apportion the costs of the defence where some, but not all,...more

1/29/2013 - Apportionment Duty to Defend Economic Damages Emotional Injury Claims Misrepresentation TD Insurance Meloche Monnex

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