Changing Horses Midstream: The Sequel
Gordyukova v. Dominion of Canada General Insurance Co., 2012 ONCA 563, is an appeal from a decision of the Divisional Court on judicial review. The issue on appeal is the interpretation of the...
View ArticleNo End to the Duty to Defend
In the recent decision Jevco Insurance Co. v. Malaviya, 2013 ONSC 675, the Ontario Superior Court of Justice held that in the context of Ontario’s Standard Automobile Policy (OAP 1), a primary insurer...
View ArticleThis Time It’s Not Business – It’s Personal
A man walked into a car rental office and rented a car. He was on a business trip. While driving the rented car, the man is involved in a collision with the plaintiff. The man’s insurer said that since...
View ArticleWant to Assign Accident Benefits as Part of a Tort Settlement? Think Again
In the recent decision D’Ettorre v. Coachman Insurance Co., 2012 ONSC 3613, the Ontario Superior Court of Justice on judicial review concluded that an assignment of a plaintiff’s Statutory Accident...
View ArticleCourt Finds for Love Without Benefits
The law has at times struggled to make sense of the changing nature of modern relationships. With more and more people delaying marriage, and living together in relationships that fall outside of...
View ArticleNO LICENCE, NO COVERAGE – RIGHT? WRONG.
Back in September, Colin Chant enlightened us on the topic of insurance coverage where an insured drives without a licence. Justice Wood of the Superior Court of Justice concluded that Barbara Kozel, a...
View ArticleSubstance Over Form – Whether a Defendant or Third Party: Renter Pays First
Where an automobile is leased or rented and involved in a motor vehicle accident, section 277(1.1) of the Insurance Act, sets out the order in which insurance policies are to respond. The section...
View ArticlePrejudgment Interest Rate Applies to Motor Vehicle Accidents after January 1,...
Overview In the decision of El-Khodr v Lackie 2015 ONSC 4766, the court decided that from January 1, 2015 onward, prejudgment interest will be calculated at the bank rate as opposed to the rate of 5%...
View ArticleNO LIMITATION PERIOD IN LOSS TRANSFER?
By MARK COOMBS Student at Law Section 275 of the Insurance Act creates a loss transfer mechanism which allows an insurer of one class of automobile to be reimbursed by another insurer of a different...
View ArticleKHODR & COBB: STATUTORY DEDUCTIBLE, AND PRE-JUDGMENT INTEREST RATE, AND RULE...
On Sept. 19, 2017, Ontario insurers took home two big wins from the Court of Appeal. The judgments, from two separate cases collectively dubbed Khodr & Cobb, will result in significant changes to...
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