By Ellen Roseman | Tue Apr 24 2012 The Toronto Star
Suppose you’re driving your car with three passengers and you hit a deer. No one is hurt, except the animal.
Your insurance company quickly pays $24,000 to cover repairs to your damaged car. It’s happy to protect you from financial harm...Read More
The Ontario Court of Appeal has upheld the judgement in Herbert v. The City of Brantford.
The Ontario Court of Appeal decision can be found at http://www.ontariocourts.on.ca/decisions/2012/2012ONCA0098.pdf
Mr. Herbert was injured when he lost control of his bicylce on a pathway owned by the City of Brantford. The pathway was poorly maintained and constructed and the Trial Judge found the...Read More
As reported by the CBC at http://www.cbc.ca/news/canada/toronto/story/2011/12/30/car-insurance-therapy.html
Hamilton speech therapist says car insurance companies are increasingly rejecting her recommended treatments for people who’ve been hurt in accidents.
Deidre Sperry helps her clients recover from brain injuries. Those who have been hurt in car accidents represent 95 per cent of her...Read More
Accident victim’s rights to expansive first party or “no-fault” benefits in catastrophic cases has been boosted by the recent decision in Kusnierz v. The Economical Mutual Insurance Company, 2010 ONSC 5749 (CanLII). The decision overturns the trial decision.
At trial the judge determined that psychological impairments could not be considered in conjunction with physcal...Read More
From the Law Times at http://www.lawtimesnews.com/Focus-On/Litigation-looms-over-minor-injury-cases
Many insurance industry professionals are predicting a deluge of litigation over the many uncertainties associated with the application of the minor injury guidelines.
The lack of consensus over which cases legitimately fall within the criteria cries out for judicial commentary that appears to...Read More
In an action against the Hamilton Police in negligence for failing to arrest Hamilton’s “Most Wanted Criminal” Corey Rogers, the Ontario Superior Court of Justice has dismissed a motion by the police which, if successful, would have stopped the lawsuit. By virtue of the Ruling the plaintiffs are permitted to proceed. The case is under appeal. The plaintiffs are...Read More
The recent Auditor General Report in highly critical of the Ontario Government’s regulation of the cost of insurance in Ontario.
As quoted by the CBC at http://www.cbc.ca/news/business/story/2011/12/05/auditor-general-ontario-spending.html?cmp=rss :
The number of people killed or injured in auto accidents in Ontario fell 25 per cent in a decade, but the government still guarantees...Read More
An insurer is required to defend a claim where the facts alleged in the pleadings, if proven to be true, would require the insurer to indemnify the insured for the claim. It is irrelevant whether the allegations in the pleadings can be proven in evidence. What is required is the mere possibility that a claim falls within the insurance policy. Where it is clear that the claim falls outside...Read More
The Ontario Court of Appeal has upheld a claim for damages of mental distress caused by the failure of Echelon Insurance to properly adjust a claim arising from a motor vehicle collision.
“People purchase motor vehicle liability policies to protect themselves from financial and emotional stress and insecurity. An object of such contracts is to secure a psychological benefit that brought the...Read More