August 22, 2019
The Proceedings Against the Crown Act was repealed on July 1, 2019. It has been replaced with the Crown Liability and Proceedings Act, 2019 (“CLPA”). Under section 11 of CLPA, claims are not permitted against the Crown in respect of legislative, policy, and regulatory decisions. Section 17 of CLPA requires leave of the court before […]
August 21, 2019
In Intact v. Gore, 2019 ONSC 4508, the court overturned a decision of an arbitrator regarding a dispute between insurers over the responsibility to pay statutory accident benefits to a claimant who was injured in an out-of-province accident. The claimant was a passenger in a single vehicle accident in Alberta. His friend owned and operated the […]
August 20, 2019
Brian Sunohara has written an article called “Counsel’s Role in Preventing Humiliated Experts“. Brian discusses a recent court decision involving an expert who was testifying for the first time. The trial judge found the expert to be biased and unfamiliar with his role as an expert witness. Justice Tzimas emphasized that counsel must ensure an […]
August 19, 2019
In T.K. v. Allstate Insurance, 2019 ONLAT 18-007113/AABS, the Licence Appeal Tribunal (“LAT”) confirmed that it does not have jurisdiction to award interim statutory accident benefits, unlike the previous FSCO regime. This is consistent with a prior decision of the LAT. The adjudicator agreed with the insured that the Tribunal’s jurisdiction must be interpreted in […]
August 16, 2019
Our articling students did a great job this morning at our muffin meeting! Ankita Abraham addressed the decision in Maria-Antony v. Ivaschenko, 2019 ONSC 4731. The defendants brought a motion for leave to conduct a second psychiatric assessment of the plaintiff. The plaintiff attended a defence psychiatry assessment in 2015. The plaintiff’s treating psychiatrist delivered several […]
August 15, 2019
Stephen Ross, Tom Macmillan, and Erin Crochetière have prepared a handy resource called “Common Issues in the Automobile Litigation Process – A Primer for Insurance Professionals“. The slides provide a high level, basic overview of defending automobile claims, in particular: Jurisdictional Issues Pleadings Liability Damages Collateral Benefits Prejudgment Interest Costs Mediation and Pre-Trial Conference Loss […]
