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Friday, Apr 20, 2018

Ont. Div'l. Ct. upholds finding threshold not met because expert evidence not probative, and was also not objective, and costs remitted to trial judge because the threshold decision was not considered in fixing costs

Author Michael S. Teitelbaum

In Debruge v. Arnold, a three-judge panel of the Ontario Divisional Court dismissed the plaintiff's appeal from the trial judge's finding that the ... Read More
Tuesday, Apr 24, 2018

In SABS priority dispute, Ont. Super. Ct. upholds Arbitrator's finding that claimant was not a named insured as she did not have regular use of school bus

Author Michael S. Teitelbaum

In TD Insurance Company v. Dominion of Canada General Insurance Company, Ontario Superior Court Justice Nishikawa dismissed the applicants' appeal ... Read More
Thursday, Apr 19, 2018

Ont. C.A. upholds dismissal of occupiers' action where plaintiff contractor fell from roof

Author Michael S. Teitelbaum

Further to the previous Blawg post, pasted below, in Osmond v. Watkins, the Ontario Court of Appeal, in Reasons for Decision released on April 19th... Read More
Thursday, Apr 19, 2018

Ont. C.A. reverses trial judge, and allows LTD claim, finding entitlement to coverage if the claim arises while plaintiff employed by the defendant, and grants relief from forfeiture in respect of late proof of claim...

Author Michael S. Teitelbaum

even though this was not raised at trial  Further to the previous Blawg post, pasted below, in MacIvor v. Pitney Bowes, the Ontario Court of... Read More
Wednesday, Apr 18, 2018

Ont. Super. Ct. dismisses defendant's motion seeking dismissal of Ontario mva actions on basis Québec no-fault law applies

Author Michael S. Teitelbaum

In Lapierre v. Lecuyer, Ontario Superior Court Justice Maranger dismissed the motion brought by the defendant for a dismissal of two actions relati... Read More
Wednesday, Apr 18, 2018

N.S.S.C. finds LTD benefits plan provisions prevail over Ont. Insurance Act collateral benefits provisions, and Plan entitled to reimbursement and offset in respect of tort settlement payments

Author Michael S. Teitelbaum

In Nova Scotia Public Service Long Term Disability Plan Trust Fund v. Kontuk, a 35-page decision, the issue before the Nova Scotia Supreme Court wa... Read More
Tuesday, Apr 17, 2018

Ont. Super. Ct. dismisses defendant's SJ motion in occupiers' liability action holding that objective evidence was sufficient to require a trial

Author Michael S. Teitelbaum

In Rietta v. Casino Rama, a short endorsement by Ontario Superior Justice Ferguson, Her Honour distinguished Sanfilippo J.'s recent decision in&nbs... Read More
Tuesday, Apr 17, 2018

Hughes Amys' Jennifer Huneault and Jason Arcuri will be speaking on The Impact of Marijuana Legalization on the Insurance Industry at the CICMA Ontario Chapter General Meeting

Author Michael S. Teitelbaum

Related Lawyers Jennifer Huneault and Jason Arcuri

I'm pleased to advise that my partners, Jennifer Huneault and Jason Arcuri, will be speaking to the General Meeting of the Ontario Chapter of the C... Read More
Monday, Apr 16, 2018

Ont. C.A. upholds liability and costs findings against municipality for recreational trail accident

Author Michael S. Teitelbaum

Further to the previous Blawg posts, pasted below, in Labanowicz v. Fort Erie (Town), the Ontario Court of Appeal, in Reasons for Decision release... Read More
Sunday, Apr 15, 2018

Ont. C.A. sets aside summary dismissal of defamation action involving vicarious liability of lawyers practising in association

Author Michael S. Teitelbaum

Further to the previous Blawg post, pasted below, in Wallbridge v. Brunning, a decision released on April 13th, 2018, the Ontario Court of Appeal s... Read More
Sunday, Apr 15, 2018

Ont. Div'l. Ct. upholds LAT Adjudicator's finding that injury claim fell within MIG

Author Michael S. Teitelbaum

In Valerio v. Security National, a three-judge panel of the Ontario Divisional Court dismissed an appeal from a LAT Adjudicator that found the plai... Read More
Sunday, Apr 15, 2018

Ont. Super. Ct. upholds Master's trial bifurcation order in non-jury action

Author Michael S. Teitelbaum

Further to the previous Blawg post, pasted below, in Duggan v. Durham Region Non-Profit Housing Corporation, Ontario Superior Court Justice Janet W... Read More
Sunday, Apr 15, 2018

Ont. Super. Ct. dismisses claim on basis duty of care not established among tug-of-war game participants or between them and occupier

Further to the various previous Blawg posts in Bonello v. Gores Landing Marina (1986) Ltd, pasted below, as mentioned by Ontario Superior Court Jus... Read More
Saturday, Apr 14, 2018

Ont. C.A. sets aside summary dismissal of commercial host/carrier liability/assault claim because of error in standard of care analysis

Author Michael S. Teitelbaum

Further to the previous Blawg posts, pasted below, in Turcotte v. Lewis, the Ontario Court of Appeal, in a 22-page decision released on April 13th,... Read More
Saturday, Apr 14, 2018

Ont. Super. Ct. addresses multiple issues in property coverage claim, including finding business interruption claim is ongoing and subject to a rolling limitation

Author Michael S. Teitelbaum

In Marvelous Mario’s Inc. v. St. Paul Fire and Marine Insurance Co., a 20-page decision, Ontario Superior Court Justice Akbarali addressed pr... Read More
Wednesday, Apr 11, 2018

Where previous summary dismissal was set aside on appeal on basis there was an issue requiring a trial, Ont. Super. Ct. finds another SJ motion was precluded by issue estoppel

Author Michael S. Teitelbaum

Further to the previous Blawg posts, pasted below, in Bonello v. Gores Landing Marina (1986) Ltd., Ontario Superior Court Justice Cavanagh dismisse... Read More
Wednesday, Apr 11, 2018

Ont. Div'l. Ct. upholds FSCO decisions that SABs not payable where ATV accident occurred in B.C., and ATVs not required to be insured in B.C.

Author Michael S. Teitelbaum

In Benson v. Belair Insurance Co., a three-judge panel of the Ontario Divisional Court dismissed an application for judicial review, and upheld the... Read More
Wednesday, Apr 11, 2018

Ont. Super. Ct. finds homeowner's policy with specific coverage for boat involved in accident is primary

Author Michael S. Teitelbaum

In TD General Insurance Company v. Intact Insurance Company, Ontario Superior Court Justice Cornell dismissed TD General's motion seeking equal con... Read More
Tuesday, Apr 10, 2018

N.S.S.C. finds injury claim by insured's son not covered due to "household" exclusion in liability policy

Author Michael S. Teitelbaum

In Kayter v. Personal Insurance Company, the Nova Scotia Supreme Court found the insurer's coverage denial under the "household resident" exclusion... Read More
Tuesday, Apr 10, 2018

B.C.S.C. settles terms of order and orders hearing on other issues regarding defence obligation for pollution claim

Author Michael S. Teitelbaum

Further to the previous Blawg post, pasted below, in West Van Holdings Ltd. v. Economical Mutual Insurance Company, so that the parties' appeals of... Read More
Monday, Apr 09, 2018

Ont. C.A. considers policy interpretation principles in the course of majority finding that title insurance policy exception was ambiguous, and did not apply in a case of mortgage fraud

In Nodel v. Stewart Title Guaranty Company, the Ontario Court of Appeal, by a 2-1 margin, upheld the application judge's finding that because a pol... Read More
Saturday, Apr 07, 2018

Ont. Div'l. Ct. upholds FSCO findings that shove of insured and his fall on ice as closing vehicle door is an accident entitling payment of SABs

Author Michael S. Teitelbaum

In North Waterloo Farmers Mutual Insurance Co. v. Samad, a SABS "is this an accident?" case, a three-judge panel of the Ontario Divisional Court, b... Read More
Thursday, Apr 05, 2018

Ont. C.A. upholds ruling that D & O insurer obliged to pay defence costs of SEC/OSC investigations

Further to the previous Blawg post, pasted below, in Liberty Silver Corp. v. Liberty Insurance Underwriters Inc., an Appeal Book Endorsement releas... Read More
Thursday, Apr 05, 2018

Ont. C.A. upholds finding that ATV operator owed duty to defend holding application judge properly gave the pleadings their widest latitude

Author Michael S. Teitelbaum

In Reasons for Decision in Ernst v. Northbridge Personal Insurance Corporation, released on April 5th, 2018, the Ontario Court of Appeal upheld the... Read More
Thursday, Apr 05, 2018

Hughes Amys' Ashley Peacock's Lawyer's Daily article: Complementary and primary coverage and implications for costs and settlement

Author Michael S. Teitelbaum

Related Lawyer Ashley Peacock

Please find pasted below my colleague, Ashley Peacock's excellent article on the ONSC decision of Aviva v. Intact, which was just published in The ... Read More
Tuesday, Apr 03, 2018

Ont. Super. Ct. addresses costs in environmental action, declining to reduce costs payable to plaintiff by its contributory negligence, and awarding partial indemnity costs to defendant against which action was dismissed while considering...

Author Michael S. Teitelbaum

use of Rule 49.13 to award costs on higher scale Further to the previous Blawg posts, pasted below, about the decision on the merits in Gendron v... Read More
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