Knowledge Centre

The claim for loss of insurability… If you are plaintiff counsel you may be wondering what it is, why you haven’t heard of it, and should you be worried that you have not been considering it in all your cases.  … Read more »

On February 19, 2014, the Ontario Court of Appeal released its decision in Kozel v The Personal Insurance Company, 2014 ONCA 130. The case will be of interest to auto insurers and representatives presented with “authorized by law to drive” … Read more »

It has been almost 18 years since a Conservative government implemented Ontario’s third major tort reform automobile compensation system. It came into force on October 23, 1996. That fall I presented my first iteration of this paper which explained how … Read more »

Termination of an insurance contract typically occurs in one of three circumstances: by natural expiry of the time period specified in the contract, by mutual agreement between insurer and insured, or by unilateral procedure of the insurer. The last of … Read more »

– Robichaud v. Paquette, 2013 NBQB 287. Two motions were heard by the court in relation to separate proceedings involving the same plaintiff following two motor vehicle accidents. In the first motion, a defendant in one of the actions, Dominion, … Read more »

-Jefferson v. MacKlem, 2013 NLTD(G) 106. The defendant, MacKlem, made an application pursuant to Rule 6.07(7) seeking to have the service of a statement of claim set aside and the proceeding stayed. The plaintiff, Jefferson, had commenced an action in … Read more »

– Gordon v. Sexton, 2013 NLTD 127. The plaintiff claimed for damages arising from injuries sustained in a rear end collision in April 2002. Liability was admitted. The sole issue before the court was an assessment of the plaintiff’s damages. … Read more »

– Hants Realty Ltd. v. Travelers Guarantee Co. of Canada, 2013 NSSC 195. Hants Realty brought an application to have its insurer, Travelers, assume carriage of the defence of a civil action brought against it by former clients, the Pattens. … Read more »

– Hayward v. Young, 2013 NSCA 64. Hayward was injured in a car accident in 2003. The defendant, Young, admitted liability, and the trial was confined to an assessment of damages. Hayward claimed damages exceeding $1 million and argued that … Read more »

– Keizer v. Portage LaPrairie Mutual Insurance Co., 2013 NSSC 118. Keizer was a carpenter by trade. In 2008, he decided to begin doing carpentry and furniture repair work in a woodworking shop he set up in his garage, which … Read more »