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Saturday, Aug 19, 2017

Ont. Master finds no entitlement to details of coverage investigation from statutory third party insurer in mva action where no claim for underinsured coverage

Author Michael S. Teitelbaum

In Antony v. Bakthavachalu, a mva action, Ontario Master Graham held that the representative of a motor vehicle liability insurer that has add... Read More
Saturday, Aug 19, 2017

Ont. Super. Ct. allocates fault in residential property mould damage claim as between plaintiff purchasers and their real estate agent, where vendor entered into a Pierringer Agreement settlement with the plaintiffs

In Powell v. Lojko, the plaintiff purchasers of a residential property claimed for the cost of mould remediation, and lost rental income for a... Read More
Saturday, Aug 19, 2017

Ont. Super. Ct. finds letter between plaintiff property manager and tenant released tenant from subrogated fire loss claim

Author Michael S. Teitelbaum

In Destaron Property Management v. Hindmarsh, an October 22nd, 2014 subrogated fire loss claim by the building owner and management company pl... Read More
Friday, Aug 18, 2017

B.C.S.C. finds "private insurance exception" applies to property damage claims

Author Michael S. Teitelbaum

Faulkner v. Duncan (City) is noteworthy because it addressed whether the "private insurance exception applies to property damage claims. The ... Read More
Wednesday, Aug 16, 2017

Ont. Super. Ct. dismisses claim under s. 132 of the Insurance Act finding, inter alia, automobile exclusion in tenant's liability policy applies

Author Michael S. Teitelbaum

Further to the previous Blawg posts, pasted below, in Horsefield v. Economical Mutual Insurance Company, Ontario Superior Court Justice F... Read More
Monday, Aug 14, 2017

Given status of proceedings and expenses incurred to date, Ont. Master dismisses motion to transfer third party claim from Super. Ct. to Small Claims Ct. after trial date had been set, and settlement of plaintiff's claim

Author Michael S. Teitelbaum

In Morain v. Metropolitan Toronto Convention Centre Corporation, after the defendant settled the plaintiff's 8-year old Superior Court action ... Read More
Saturday, Aug 12, 2017

Ont. Super. Ct. grants leave to bring summary judgment motion in mva action, and then dismisses main action and crossclaim against defendant who had not time to avoid a left-turning vehicle

Author Michael S. Teitelbaum

In Leis v. Clarke, an automobile accident action, Ontario Superior Court Justice Leitch summarily dismissed the main action and crossclaim aga... Read More
Friday, Aug 11, 2017

Referencing Ontario case law, Alta. Q.B. finds Alberta auto policy ambiguous on whether passenger can claim uninsured motorist coverage if vehicle was being driven without consent

Author Michael S. Teitelbaum

Cardinal v. Alberta Motor Association Insurance Company, an Alberta Court of Queen's Bench decision, discusses Ontario law in interpreting the Albe... Read More
Saturday, Aug 05, 2017

Ont. Div'l. Ct. advises profession that a "normal" costs award on a leave to appeal motion under the new process will be in the range of $5K, including HST and disbursements

Author Michael S. Teitelbaum

In 2265535 Ontario Inc. v. Sood, the Ontario Divisional Court panel considered how costs are to be addressed under the new process for leave t... Read More
Saturday, Aug 05, 2017

Ont. Super. Ct. removes counsel for uninsured carrier who received confidential information when acting for insurer in accident benefits claim

Author Michael S. Teitelbaum

In Woods v. Jones, on the plaintiff's motion, Ontario Superior Court Justice Ramsay removed counsel of record and any member of his firm from ... Read More
Saturday, Aug 05, 2017

Ont. Super. Ct. finds anti-SLAPP provisions apply to defamation action, and awards damages

Author Michael S. Teitelbaum

In United Soils Management Ltd. v. Mohammed, Ontario Superior Court Justice Lederer has added to the growing body of case law on the applicati... Read More
Friday, Aug 04, 2017

Ont. Super. Ct. awards partial indemnity costs to plaintiff up to date of defendants' offer, and to defendants thereafter, in personal injury action

Author Michael S. Teitelbaum

Britten v. EWIO is a costs decision by Ontario Superior Court Justice Sloan following a three-week jury trial in a personal injury action. The... Read More
Friday, Aug 04, 2017

Ont. Master permits amendment of SABs Claim finding CAT and aggravated and punitive damages claims are a continuation of the pre-transition to LAT action, and not new claims subject to LAT jurisdiction

Author Michael S. Teitelbaum

In Charway v. TD General Insurance Company, Ontario Master Sugunasiri allowed the plaintiff to amend her Claim seeking recovery of SABs a... Read More
Friday, Aug 04, 2017

B.C.S.C. finds coverage under group policy affording emergency travel medical expenses as exclusion for medical condition requiring treatment while travelling did not apply

Author Michael S. Teitelbaum

In Fletcher v. Royal & Sun Alliance Insurance Company of Canada, the British Columbia Supreme Court found that the plaintiff, who was part... Read More
Friday, Aug 04, 2017

Ont. Super. Ct. finds D & O policy wording covered defence costs incurred on behalf of directors and officers in respect of SEC/OSC investigations

Author Michael S. Teitelbaum

In Liberty Silver v. Liberty Insurance, Ontario Superior Court Justice Pattillo held that the insured, Liberty Silver was entitled to be indem... Read More
Thursday, Aug 03, 2017

Ont. Super. Ct. declines to award costs to successful defendants in occupiers/commercial host action

Author Michael S. Teitelbaum

Further to the previous Blawg post, pasted below, in Turcotte v. Lewis, dealing with the merits of the action, which was summarily dismissed a... Read More
Thursday, Aug 03, 2017

Ont. Super. Ct. dismisses statutory third party's motion seeking dismissal of action against owner of vehicle finding driver had implied consent to possession of vehicle at time of mva

Author Michael S. Teitelbaum

In Prentzas v. Sorto, a 41-page decision of Ontario Superior Court Justice Emery, the motion by the statutory third party, CAA Insurance, for ... Read More
Wednesday, Aug 02, 2017

Ont. C.A. sets aside summary dismissal of action in respect of an injury arising from a sports activity because discovery evidence that should not have been excluded supports vicarious liability being an issue requiring a trial

Author Michael S. Teitelbaum

Further to the earlier Blawg post, pasted below, in Bonello v. Gores Landing Marina (1986) Limited, the Ontario Court of Appeal in a decision ... Read More
Wednesday, Aug 02, 2017

Ont. Super. Ct. upholds SABS Arbitrator's finding that claimant was not principally dependent for care on her daughter and, therefore, her daughter's auto policy does not have priority

Author Michael S. Teitelbaum

In Northbridge General Insurance Corporation v. RBC General Insurance Company, a SABS priority dispute, Ontario Superior Court Justice Pollak ... Read More
Tuesday, Aug 01, 2017

Taking into account the terms of the plaintiff's after-the-event insurance, Ont. Super. Ct. declines to order security for costs

Author Michael S. Teitelbaum

In Frantz v. NB Thrilling Films 4 INC., Ontario Superior Court Justice Hackland held that the plaintiff's after-the-event insurance coverage w... Read More
Monday, Jul 31, 2017

Relying on the SCC's Saadati decision, Ont. Super. Ct. dismisses defendant's motion to strike mental distress claim by family members who were not present at the scene of an airplane crash

Author Michael S. Teitelbaum

In Snowball v. Ornge, Ontario Superior Court Justice Faieta has opened the door to claims for mental distress arising from an accident by fami... Read More
Wednesday, Jul 26, 2017

Ont. Super. Ct. awards costs to defendant in mva action where plaintiffs recovered virtually nil

Author Michael S. Teitelbaum

In Sharma v. Stewart, Ontario Superior Court Justice LeMay awarded costs to the defendant of $65,000, plus HST, for legal fees, and almost $65... Read More
Wednesday, Jul 26, 2017

Ont. Super. Ct. considers issues arising in Pierringer Agreement settlements in ordering implementation terms

Author Michael S. Teitelbaum

Allianz v. Canada (Attorney General) deals with a motion before Ontario Superior Court Justice MacLeod for the approval of the terms of a sett... Read More
Wednesday, Jul 26, 2017

In OPCF 44R priority dispute, Ont. Super. Ct. finds no underinsured coverage under policy covering a corporation whose employee rented an automobile

Author Michael S. Teitelbaum

In Macrae  v. Liberty International Underwriters, a Division of the Liberty Mutual Insurance Company, on a summary judgment motion, ... Read More
Wednesday, Jul 26, 2017

LAT finds no entitlement to SABs because no accident as ATV not an auto as it was being operated on owner's private property and that estoppel as equitable remedy is not within LAT's jurisdiction to grant

Author Michael S. Teitelbaum

In J. T. v. Aviva Canada, Ontario Licence Appeal Tribunal Adjudicator Hines found that the applicant insured was not entitled to SABs because ... Read More
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