Daniel Strigberger – Miller Thomson LLP

ONCA Sets Limitation Period for Loss Transfer Claims

The Court of Appeal for Ontario has clarified the limitation period law for loss transfer arbitrations. For any loss transfer claims arising after January 1, 2004, the first party insurer has two years . . …more

| Civil Procedure, Insurance, Personal Injury

ONSC finds Broker failed to Offer Optional SABS Benefits Properly

The Ontario Superior Court has dismissed a plaintiff’s action against a broker, claiming the broker did not ‘properly’ offer him the chance to purchase optional income replacement benefits. But the judge found…more

| Civil Procedure, Insurance, Personal Injury

ONCA Overturns Kusnierz; Restores Desbiens Approach

The Ontario Court of Appeal has given the Plaintiffs’ Bar a super Christmas present, as it released its decision in Kusnierz v. Economical. The Court overturned the trial judge’s decision and, in doing so,…more

| Insurance, Personal Injury

Facebook No Friend of Yet Another MVA Plaintiff

Another Ontario Superior Court judge has ordered an MVA plaintiff to preserve, print, and produce to the defendant her Facebook photographs…more

| Civil Procedure, Insurance, Personal Injury, Privacy, Electronic...

Facebook No Friend of MVA Plaintiff

An Ontario Superior Court judge has ordered a plaintiff to re-attend an examination for discovery to answer questions about photographs of himself that he posted on his Facebook or MySpace pages. He also ordered the…more

| Civil Procedure, Insurance, Personal Injury, Privacy, Electronic...

Licensing Clinics Makes Sense

In Ontario, the Law Society of Upper Canada regulates paralegals, many of who are involved in the claims process at FSCO. It makes a lot of sense to also require clinics treating accident victims to apply to FSCO for licenses if…more

| Health, Insurance, Personal Injury

Facebook No Friend for FSCO Claimant

A FSCO arbitrator has ordered a claimant to produce to the insurer all photographs with her image posted to her Facebook profile (including any limited-access or private portion of her profile) for the period May 5, 2008 to May…more

| Administrative Law, Civil Procedure, Insurance, Personal Injury, Privacy

Duty to Defend Goes Too Far?

Damon Tedford was being sued in regard to certain representations he made on a seller property information sheet by the person to whom he sold property in Ottawa. He submitted the claim to his insurer (TD Insurance -- The…more

| Civil Procedure, Insurance, Real Estate - Residential

FSCO Allows Insurer's Appeal over WSIB Issues

A FSCO Director’s Delegate has allowed an insurer’s appeal of an arbitrator’s decision, which allowed the claimant to pursue accident benefits despite an unsettled WSIB claim…more

| Administrative Law, Insurance, Personal Injury, Worker’s Compensation

ONCA: Single Vehicle Accident Caused Solely by Driver's "Recklessness"

The Ontario Court of Appeal has just released a decision overturning the trial judge’s findings of liability in a single car motor vehicle accident. In Morsi v. Fermar Paving, Mark Morsi died in a single vehicle accident…more

| Civil Procedure, Insurance, Transportation, Personal Injury

Consumers Slow to Add New Optional SABS Coverages

FSCO's August 30, 2011 Auto e-Newsletter contained the results of a survey the Commission conducted to find out whether consumers were buying the optional benefits available under the new SABS (policies issued/renewed on or…more

| Insurance, Personal Injury

Ontario Accident Benefit Case Summaries

Great summaries of recent Ontario accident benefit cases. Also includes a well written and thought provoking article at the beginning…more

| Insurance, Personal Injury

Man Attacked by Thugs was in Car "Accident", Gets Benefits

An Ontario Superior Court judge has ruled that an accident benefits claimant, whose loss occurred when he was assaulted by thugs at a gas station, was involved in an “accident” for the purpose of the SABS…more

| Civil Procedure, Insurance, Personal Injury

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