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Ontario Court Of Appeal Sheds Light on Insurance Coverage for Passengers of “Unknown” Stolen Vehicle
by Keisha De Coteau-Nedd 2024-01-23
Priority and Loss Transfer Across Provincial and International Borders
by Colin MacDonald 2023-12-21
Unfortunate Medical Death Unrelated to MVA Disqualifies Spouse from SABS
by Kayly Machado 2023-12-05
Davies v. Clarington – The End of An Era
by Angelo Sciacca 2023-11-10
Defendants not Vicariously Liable for Actions of their Lawyer or Investigators
by Kayly Machado 2023-11-07
The B(onus) of Proof: NEB and MR claims Dismissed by the LAT
by the firm 2021-01-11
The Duty to Defend Under A Homeowner's Policy for Automobile-Related Incidents
by the firm 2020-06-11
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The Duty to Defend Under A Homeowner’s Policy for Automobile-Related Incidents: SCC Confirms Analysis of Pleadings and Narrow Reading of Exclusions Apply

'It's 2020': Examinations via Videoconference
by the firm 2020-05-05
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In Arconti v. Smith, Justice Myers confirms an Examination For Discovery will be completed via videoconference, instead of waiting for physical distancing requirements to be relaxed.

Adjusters Do Not Have Independent Duty of Good Faith
by the firm 2020-02-14
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Justice Perell, in a recent Superior Court decision on a Rule 21 motion, confirmed that insurance adjusters do not owe a duty of good faith to an insured that is independent of any duty owed by the insurer.  As such, adjusters of insurance companies, when acting strictly in their capacity as employees, cannot be held personally liable for breaching a duty of good faith.  They can only be held liable in tort as individuals if their actions are themselves tortious and exhibit a separate identity or interest from the insurer.

A Diagnosis of Chronic Pain Alone Will Not Warrant MIG Escape
by the firm 2019-12-20
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Adjudicator Robert Watt, in his recent Reconsideration Decision of December 18, 2019, upheld a prior LAT decision denying an applicant’s claim that his injuries arising from a motor vehicle accident fell outside of the Minor Injury Guideline.


In doing so, Adjudicator Watt maintained what has long been accepted by both FSCO and the LAT alike: a diagnosis of chronic pain will not in and of itself automatically remove an insured/applicant from the MIG. 

SABS Limitation Period Subject to Discoverability
by the firm 2019-11-12
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The Court of Appeal set aside a LAT decision upheld on Reconsideration as well as in the Divisional Court in a decision released November 8, 2019 - in doing so, they ruled that an insured person may argue that they did not "discover" the right to make a claim (due to a MIG or CAT finding, for example) and therefore the limitation period did not run.

Recovering IA Fees: Is the Enrichment Unjust?
by the firm 2019-10-28
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A recent decision by Arbitrator Ken Bialkowski challenges the accepted practice of claimaint independent adjuster fees following a successful priority dispute transfer of an accident benefits claim. Absent unusual circumstances, IA fees are seen as the "cost of doing business" and not unjust enrichment.

WP Digital: Kadey Schultz on #MeToo (OIAA April Recap)
by Kadey B.J. Schultz 2019-04-15
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Presenting the April 2019 OIAA Recap of WP Digital: Kadey Schultz on #MeToo

The Attack of the Botnets: How the Internet of Things (IoT) Makes us a Target
by the firm 2018-07-31
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Do you have a smart TV? A smart watch? Maybe a baby monitor? Or how about those fancy smart home cameras and thermometers? Well then… you have an IoT device. They are wireless devices that connect to a network and are capable of transmitting data. They can also communicate and interact over the internet and can be remotely controlled and monitored.


As IoT devices are becoming more widespread and readily accessible, so is the threat to our data.


 

It's not by Accident that an Assault is not an Accident
by Kadey B.J. Schultz 2017-04-19
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Arbitrator Musson confirms an assault is an intervening event breaking the chain of causation between the use of the vehicle and the injuries suffered by the Applicant.

The Madness of Income under the SABS
by the firm 2017-02-16
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In a recent decision, ADR Mongeon wrestles with the curious case of income never received.

A Subjective Test for Self-Employment
by the firm 2017-02-07
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In a new FSCO arbitration, the new statutory definition of “Self-Employed Person” gets boiled down to a subjective test.

What is an Accident? If it looks like a duck...
by the firm 2017-02-02
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In Carr and TD, Director Delegate Feldman covers the field of what constitutes an accident.

Timely OCF-18 Denials, or No MIG Defence
by the firm 2017-01-31
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In R.H. and TD Insurance Meloche Monnex, 2017 CanLII 1555 (ON LAT), the LAT moves in lock step with previous FSCO and LAT decisions with regards to the harsh remedies for technical violation of section 38.

The 90 Day Lacuna
by the firm 2017-01-26
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The Interplay between FSCO and LAT Treatment of Mediation, Limitation Period Exception - Mussa and Aviva Canada, FSCO A16-004253

A Derivative Bad Faith Claim?
by the firm 2017-01-19
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Son’s claim he was deprived of his mother’s care, guidance and companionship from insurer’s mismanaging of mother’s claim “not plain and obvious” to fail

Section 55 Comes Back to Life
by the firm 2017-01-12
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Two fresh decisions give teeth to section 55 and the procedural fairness considerations of that section.

Self Insured Retention and Loss Transfer
by the firm 2017-01-09
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CERTAS (Stuckless) v. ACE INA, Arbitrator Bialkowski, December 22, 2016

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