In Dunk v. Kremer, the 18 year old Plaintiff (Respondent at Appeal) was injured in a motor vehicle accident and suffered a tibia fracture and right talus bone fracture requiring surgery.

In MK v Dumfries Mutual, LAT adjudicator Jeanie Theoharis stated that "in arbitration hearings an Applicant's credibility is vital, particularly where there are competing medical opinions".

This decision reinforces the importance of considering the merit of each treatment and assessment plan disputed, despite a Section 38 deficiency.

Plenty. Particularly if you are an insurer attempting to advance a subrogated claim and your insured is in bankruptcy protection proceedings.

The Ontario Divisional Court has weighed in on an application under the JRPA for a stay of LAT proceedings pending a review of 2 rulings refusing the insurers requests for an adjournment.

At issue in Applicant and Aviva (2018 Can LII 13190) was whether attendant care was payable for the period of time before the Claimant submitted a Form 1.

The February 27, 2018 priority preliminary arbitration award of Ken Bialkowski in Aviva v. Intact involves an 18 year old, unemployed passenger in an Aviva insured auto injured on February 3, 2016.

In Melo v. Northbridge Personal Insurance Corporation, Justice Croll, writing for The Divisional Court, confirmed that pursuant to s. 11(6) of the License Appeal Tribunal Act, an appeal from a decision of the Tribunal ...

A fire at commercial premises is at the center of a dispute between the insurers of a landlord and tenant in the recently reported decision of Imperio Banquet v. Alternative Access and Mobility. The lease required the tenant to contribute its proportionate share of the landlord's premiums for ‘public liability, fire and other coverages' insurance.

In Osmond v Watkins, 2017 ONSC 5729 (CanLII), the defendant successfully brought a summary judgment motion against his contractor.

The issue of whether an excluded driver, by virtue of having executed a standard OPCF-28A excluded driver form, is legally also considered to be "any person specified in the policy as a driver of the insured automobile" . . .

A new motion decision of Justice Firestone could have wide ranging ramifications in terms of the timing of when mediations are typically scheduled.

The obligation of a Municipality to maintain a sidewalk and the Provincial Minimum Maintenance Standards were at the heart of a recent decision out of the Ontario Superior Court of Justice...

In the Superior Court of Justice matter of Jones v. I.F. Propco Holdings (Ontario) 31 Ltd., the defendant sought an order for production of the plaintiff's private profile information including...

Ontario's Superior Court has provided further direction on the standard of care of occupiers, this time in the context of a municipality operating a snow slide at a winter festival.

In the FSCO Appeal Decision of State Farm and Sabadash (P16-00029), Director's Delegate Evans conducts a thorough analysis of the key jurisprudence on causation in Canada of the key causation decisions:

The Superior Court of Justice recently released an important decision finding full indemnity costs payable in a coverage case.

On reconsideration of a decision at the License Appeal Tribunal (LAT), Executive Chair Linda Lamoureux has confirmed that an insurer's deficient notice under Section 38 of the SABS will have strict consequences.

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...

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.