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  • Article

    Double Counting To Capture A Whole Person Impairment

    In Security National Insurance Co. v. Allen, Justice Fragomeni of the Divisional Court upheld the decision of Director Delegate Blackman's , finding that when an organic brain injury...
    CanadaLitigation, Mediation & Arbitration
    Samis + Company
    Samis + Company
  • Article

    Judge Orders "Hard-Balling" Insurer To Pay Costs 12 Times The Amount Of Jury Award

    In Persampieri v. Hobbs, the Plaintiff was rear-ended by the Defendant and brought a tort claim for damages. Following a two week trial, the jury awarded net damages of $20,414.83.
    CanadaLitigation, Mediation & Arbitration
    Samis + Company
    Samis + Company
  • Article

    Occupiers Liability Claim Leaves Hotel Mopped

    In the recent case of Brown v. Marriott, Ontario's Superior Court provided further guidance on the obligation of occupiers to take reasonable measures to ensure persons entering on premises...
    CanadaLitigation, Mediation & Arbitration
    Samis + Company
    Samis + Company
  • Article

    ONCA: City Of Sudbury Negligent In MVA Case

    The Court of Appeal has upheld a trial judge's decision finding the City of Sudbury negligent for failure to properly maintain a roadway during inclement winter conditions.
    CanadaLitigation, Mediation & Arbitration
    Samis + Company
    Samis + Company
  • Article

    ONCA: Justification Is NOT Required For EUO Request

    The Court of Appeal has determined that an Insurer is not required to provide a justification for its request that a claimant attend an examination under oath under section 33 of the SABS.
    CanadaInsurance
    Samis + Company
    Samis + Company
  • Article

    No WSIB Registration? No Problem

    The Workplace Safety and Insurance Appeals Tribunal recently released decision #1572/16 confirming that a company's failure to register with the Board is not, in and of itself, a bar to a worker receiving benefits from the WSIB.
    CanadaEmployment and HR
    Samis + Company
    Samis + Company
  • Article

    Limitation Period Trumps After All

    In a decision on a preliminary issue, dated November 18, 2016, Arbitrator Schnapp held that a catastrophically impaired Applicant missed the two year limitation period.
    CanadaInsurance
    Samis + Company
    Samis + Company
  • Article

    2015 PJI And Higher Deductible Provisions Apply Retrospectively And More?

    The Court of Appeal released two decisions that hopefully put to bed the debate about the effect of legislative changes made in 2015.
    CanadaLitigation, Mediation & Arbitration
    Samis + Company
    Samis + Company
  • Article

    Disabling Impairment Not Causally Related To Accident

    In Grieves v. Parsons, the Plaintiff was injured in a motorcycle accident on July 24, 2012.
    CanadaLitigation, Mediation & Arbitration
    Samis + Company
    Samis + Company
  • Article

    A Likely Result For Not Building With Like Kind And Quality

    The Ontario Court of Appeal clarified the concept of replacement cost property coverage in the recent decision of Carter v. Intact Insurance.
    CanadaReal Estate and Construction
    Samis + Company
    Samis + Company
  • Article

    Coming Soon: Auto Insurance Coverage Law In Ontario

    Auto insurance coverage issues can be very obvious – or very discreet. Auto Insurance Coverage Law in Ontario deals with the challenges of addressing the myriad possible issues that can arise in the context of an auto insurance dispute.
    CanadaInsurance
    Samis + Company
    Samis + Company
  • Article

    What Goes Up Must Come Down, But What Goes Around Does Not Always Come Around.

    When you represent an institutional client in priority or loss transfer disputes, is your client leaving money on the table? They probably are without realizing it.
    CanadaLitigation, Mediation & Arbitration
    Samis + Company
    Samis + Company
  • Article

    Court Of Appeal Brews Starbucks Into Occupier Of Sidewalk

    The Court of Appeal has affirmed a Superior Court decision which determined that Starbucks assumed responsibility and control and became an occupier of a portion of a municipal sidewalk.
    CanadaLitigation, Mediation & Arbitration
    Samis + Company
    Samis + Company
  • Article

    Cannonball! FSCO Confirms That Using A Truck As A Diving Platform Is Not An "Accident"

    The arbitrator initially found that the claimant's injuries arose from an "accident" as defined in the Statutory Accident Benefits Schedule – Effective September 1, 2010 (SABS).
    CanadaLitigation, Mediation & Arbitration
    Samis + Company
    Samis + Company
  • Article

    A New Era Of "Reasonableness" Dawns On Appeals From Private Arbitrations

    On August 4, 2016, the Ontario Court of Appeal released its decision in Intact v. Allstate and changed the correctness standard of review for appeals from private arbitrations to one of reasonableness.
    CanadaInsurance
    Samis + Company
    Samis + Company
  • Article

    Principle Dependency

    The arbitrator started by defining the duration of the time period pre-loss to be considered that would give the best indication of the situation that existed as of the date of loss.
    CanadaInsurance
    Samis + Company
    Samis + Company
  • Article

    Biblical Proportions: Divining King Solomon (Or Geddy Lee?) In The Determination Of Priority Disputes

    In this January 5, 2018 priority dispute private arbitration award of Ken Bialkowski, the main issue was principle dependency; a construct of the definitions contained in s. 3(7)(b) of the SABS.
    CanadaLitigation, Mediation & Arbitration
    Samis + Company
    Samis + Company
  • Article

    ONCA Rules Appraisals Are All In Good Time Under The Insurance Act

    The Court of Appeal has brought some clarity to time limits for appraisals under the Insurance Act.
    CanadaInsurance
    Samis + Company
    Samis + Company
  • Article

    Admissibility Of Surveillance Evidence At Trial

    In Rolley v. MacDonell, the defendant brought a motion for leave to rely on surveillance video recordings as substantive evidence. Three rounds of surveillance were carried out over a period of one year.
    CanadaLitigation, Mediation & Arbitration
    Samis + Company
    Samis + Company
  • Article

    LAT Upholds Limitation Period For Denied CAT Benefits

    In a decision on a preliminary issue released September 7, 2017, Vice Chair Trojek of the LAT held that a catastrophically impaired Applicant missed the two year limitation period to dispute ...
    CanadaLitigation, Mediation & Arbitration
    Samis + Company
    Samis + Company

Showing 21–40 of 67 results

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