Articles 2023

Discussions concerning insurance contracts including: Contracting Out; Disability Insurance; OPCF 44R and Unidentified, Uninsured Claims; Comprehensive Policies – Casualty Coverage; SABs; Relief from Forfeiture; Laches and Acquiescence in the Insurance Context; and Estoppel and Fraudulent Concealment.

This Court of Appeal decision arises as a result of the Defendant insurer’s denial of the Plaintiff’s claim under the Uninsured Automobile Coverage provisions of his auto insurance policy. The Defendant alleged that the Plaintiff had failed to comply with the reporting requirements pursuant to the policy. The Plaintiff sought relief from forfeiture.

A summary of the Ontario Court of Appeal's criminal cases.

When dealing with limitation periods, the Court of Appeal has repeatedly stated that, so long as there is a valid refusal, the limitation period should be strictly applied. In the case of Strauss v Aviva, 2015 ONSC 4589, Justice Braid dealt with the limitation period in disputing non-earner benefits as well as the lack of Disability Certificates endorsing the disputed benefit.

Despite the recent decision in El-Khodr v. Lackie, 2015 ONSC 4766 [El-Khodr], courts are still being requested to determine the appropriate deductible for general damages and pre-judgment interest on general damages in matters relating to motor vehicle accidents that commenced prior to the January 1, 2015, amendment to the Insurance Act.

Much has been said and written in recent years about the importance of civility and professionalism from a normative standpoint: lawyers owe a moral and ethical duty to treat the litigation process and the actors interested therein with a suitable degree of respect, all of whom, lawyers included, benefit as a result of the collegial and effective atmosphere that results from a civil, professional approach.

Less than a year and a half since it came into force, a substantial body of case law has grown around Rule 2.1, providing some guidance as to the test and procedures applicable under the Rule. The Court of Appeal, with its recent decision in Scaduto v. Law Society of Upper Canada, has now explicitly endorsed this new body of law.

Welcome Fall! The OBA Insurance Law Executive is looking forward to another excellent year including a newsletter publication every two months along with several must attend CLE’s commencing on September 28, 2015.

Time to celebrate! No, not just because spring is here but also to come honour our best and brightest, and the work the section has accomplished this year!

Spring is upon us! This month's OBA Insurance Law articles feature two excellent articles: “Risky Business – Unregulated Extreme Sports Are On The Rise, Along With Lawsuits” by Patrick Brown and “The Mindful Lawyer” by Catie Fenn. We are also pleased to publish Jason Hickman’s fantastic case comment on Iannarella v. Corbett....