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  • Article

    When It Comes To Coverage For Bicycle And Foot Couriers, WSIB Delivers

    The Workplace Safety and Insurance Appeals Tribunal (WSIAT) recently released an important award confirming the WSIB policy that bicycle couriers and foot couriers are considered workers . . .
    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
  • Article

    LAT Claws Back On Attendant Care Services Provided By Family Members

    In the recent decision of M.P. v. Certas Home and Auto Insurance Company, the License Appeal Tribunal has tackled the issue of whether attendant care expenses are incurred where a claimant's "professional" attendant care provider is also a family member.
    CanadaInsurance
    Samis + Company
    Samis + Company
  • Article

    LTD Carriers Embrace Hryniak

    The Supreme Court instructed that summary judgment must be granted where there is no genuine issue requiring a trial.
    CanadaLitigation, Mediation & Arbitration
    Samis + Company
    Samis + Company
  • Article

    LTD Insurers Don't Have To Advise Claimants Of Limitation Periods When Denying Claims In Ontario

    The Court of Appeal upheld Broad J.'s decision and provided helpful guidance for LTD insurers.
    CanadaInsurance
    Samis + Company
    Samis + Company
  • Article

    Mabe Canada Inc. v. United Floor Ltd.

    In Mabe Canada Inc. v. United Floor Ltd., the Ontario Court of Appeal weighed in on the standard of care in the context of contractual duties and industry practices.
    CanadaCorporate/Commercial Law
    Samis + Company
    Samis + Company
  • Article

    Fire Truck Fall Is Now An Accident

    FSCO Director's Delegate Feldman has reversed an arbitration decision and has found that a child who fell off a parked fire truck at a birthday party was involved in an "accident".
    CanadaLitigation, Mediation & Arbitration
    Samis + Company
    Samis + Company
  • Article

    Say "Happy Valentine's Day"​ The Smart Way!

    I don't think there's a better way to say "I love you" than to give that special someone their very own copy of Auto Insurance Coverage Law in Ontario.
    CanadaInsurance
    Samis + Company
    Samis + Company
  • Article

    But For… Everyone Else (Not Me!)

    In Sacks v. Ross, the Ontario Court of Appeal dealt with how to apply the causation test in medical negligence cases involving multiple tortfeasors.
    CanadaLitigation, Mediation & Arbitration
    Samis + Company
    Samis + Company
  • Article

    The Disability Certificate – Is The Form More Important Than The Substance?

    An interesting question was put before Adjudicator Cynthia Pay at the Licence Appeal Tribunal ("LAT") recently.
    CanadaInsurance
    Samis + Company
    Samis + Company
  • Article

    Late Disclosure, LAT Loss

    The recent LAT decision of S.G. and Unifund, 16-000879/AABS by Adjudicator Anna Truong should be seen as a win for proper procedure and that the LAT will follow the Heath analysis of non-earner benefits.
    CanadaLitigation, Mediation & Arbitration
    Samis + Company
    Samis + Company
  • Article

    Overpayments – Recovery, Timing And Notice

    The year 2016 was not all that bad: The Superior Court finally provided some much needed guidance on whether an insurer can recover an overpayment made to an insured under the SABS.
    CanadaInsurance
    Samis + Company
    Samis + Company
  • Article

    All In Good Time: No Time Limit On Appraisals Under The Insurance Act

    The Ontario Superior Court of Justice has recently found that there is no time limit to elect to proceed with an appraisal pursuant to Section 148 of the Insurance Act.
    CanadaInsurance
    Samis + Company
    Samis + Company
  • Article

    More Changes Coming To SABS In June 2016

    On August 26, 2015, the Ontario Legislature filed Bill 251/15, which amends the Statutory Accident Benefits Schedule in a number of remarkable ways.
    CanadaInsurance
    Samis + Company
    Samis + Company
  • Article

    Economic Loss Must Be Shown For Each Attendant Care Monthly Payment

    It has long been unclear from the attendant care provisions in the Statutory Accident Benefits Schedule whether the "economic loss" component of the "incurred" definition need only be proven once to generate benefit entitlement . . .
    CanadaLitigation, Mediation & Arbitration
    Samis + Company
    Samis + Company
  • Article

    Another Ridesharing Policy, Another Underlying Risk

    Another insurer has entered into Ontario's ridesharing insurance market.
    CanadaInsurance
    Samis + Company
    Samis + Company
  • Article

    Digital Privacy Act Brings Hurrahs, Headaches To Insurers

    On June 18, 2015, the Digital Privacy Act received Royal Assent and is now law in Canada.
    CanadaPrivacy
    Samis + Company
    Samis + Company
  • Article

    ATVs, Automobiles, And Jurisdictions (Oh My!)

    In Benson v. Belair, an Ontario resident fell off the back of an All-Terrain Vehicle in Fort Nelson, British Columbia.
    CanadaInsurance
    Samis + Company
    Samis + Company
  • Article

    ONCA Affirms Vicarious Liability For Possession

    The Court of Appeal for Ontario has released a decision dealing with whether an owner of an ATV can be held vicariously liable for a driver's negligence, even though no consent was given to operate the vehicle.
    CanadaInsurance
    Samis + Company
    Samis + Company

Showing 41–60 of 67 results

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