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The case of Nemchin v. Green has been working its way through the courts for the past 7 years and has led to numerous decisions that are relevant for the personal injury bar.
More expeditious and affordable trials are coming to a courtroom near you. Are you up to speed on the new changes that the Attorney General for Ontario will be making to Rule 76 (Simplified Procedure) as well as the monetary value of claims in Ontario Small Claims cases?
The Court of Appeal recently overturned the Divisional Court in this case involving the application of a limtiation period in the context of catastrophic level accident benefits being claimed. The Divisional Court upheld the LAT's determination that the limitation period for the insured to challenge a denial of catastrophic level benefits began to run with the "clear and unequivocal denial" of those benefits as of the second anniversary of the claim even though a catastrophic determination was not made until much later. The Court of Appeal disagreed, holding that the two year limitation for disputing the insurer's denial was not a "hard limitation" linked to the denial, but was rather subject to the question of when the cause of action was "discoverable".
Ontario Court of Appeal analyzes Social Host Liability post Childs
A discussion of Cadieux v. Cloutier and Carroll v. McEwen
Jury Impartiality in Personal Injury Actions
A.K.A. “The Dread Awards"
Bill C-45: Impact on Property/Residential Tenancies, Product Liability and D&O Liability
Implications for Canadian Business Owners and Insurers
A discussion of the recent decisions in Schnarr v Blue Mountain and Woodhouse v Snow Valley where the Court of Appeal for Ontario reaffirmed the jurisprudence of waivers in Ontario as a means of managing risk
What Insurance Defence Lawyers Need to Know
The Supreme Court of Canada recently denied the leave application in this leading case on expert evidence. In a unanimous decision, the Ontario Court of Appeal ordered a new trial after finding the trial judge in a personal injury matter failed in his gatekeeper duties in allowing the defendant’s expert, Dr. Monty Bail’s, testimony
Review of evidence needed to defend icy sidewalk cases on behalf of a municipality
policy considerations for municipalities in terms of allocation of resourcess
issue of and evidence of contributory negligence
In the recent preliminary issue decision of Abyan and Sovereign General, Arbitrator Drory found that the definition of “minor injury” in the Statutory Accidents Benefits Schedule—Effective September 1, 2010 was unconstitutional as infringing upon Section 15(1) of the Canadian Charter of Rights and Freedoms on the basis of physical disability. Subsequent to this decision, insurers are being faced with a slew of constitutional challenges on claims involving the Minor Injury Guideline.
With its decisions in Cobb and El-Khodr, the Court of Appeal changed every MVA Tort case you have
Key topics include: The License Appeal Tribunal (LAT): New Processes - 1 year in Review. Navigating the LAT Rules of Practice and Procedure. An update on policy changes: expectation versus reality. Significant Cases: Minor Injury Guideline, Catastrophic Impairment, Reconsideration vs. Judicial Review
The most recent case from the Supreme Court of Canada addressing claims of personal injury of a psychological/mental nature. In overturning the British Columbia Court of Appeal decision, the Supreme Court of Canada, in a unanimous decision, reiterated the standard for compensable mental injury articulated in Mustapha, further noting that claimants are not required to demonstrate a recognizable psychiatric illness as a precondition to recovery; rather, they must show disturbance, rising above the “ordinary annoyances, anxieties and fears that come with living in civil society.” To prove this, evidence may be brought through expert evidence, however, lay evidence may also be sufficient.
“one of the least effective insurance systems in Canada” –
That’s how David Marshall categorized the Ontario Auto Insurance system in his report dated April 11, 2017, Fair Benefits Fairly Delivered: A Review of the Auto Insurance System in Ontario.
Find out why, what he recommended, and its significant implications on the insurance industry
CDL committee members Lisa Armstrong and Laura Emmett will discuss early experiences with AABS and the LAT as they provide their insight into the new regime
Although some injuries will be clearly connected to a person’s employment, there is a wide range of circumstances that are not as obvious. Carefully considering if a Plaintiff was actually “In the Course of Employment” and should be estopped from civil action, is a valuable step in the Insurance Defence Litigator’s review and analysis. The Workplace Safety and Insurance Appeals Tribunal (WSIAT) has the exclusive authority to determine if an injury occurred in the Course of Employment.
The frequency and severity of electronic privacy breaches continue to rise and the common law is being called upon to protect victims’ rights.
join us on a CDL audioconference on the upcoming changes to the statutory accident benefits dispute resolution. Key topics to be discussed include: Changes to the Insurance Act and the Statutory Accident Benefits Schedule, The License Appeals Tribunal (LAT) and new processes, The new LAT Rules of Practice and Procedure, The new catastrophic definition, Other Policy Changes.