Articles

We are pleased to announce that John A. McLeish, Co-Founder, McLeish Orlando LLP, is a winner of the 2016 OBA Award for Excellence in Insurance Law.

Debra E. Rolph of LawPRO has authored a paper concerning notable insurance limitation period cases and also discusses some outstanding “problem” areas. Ms. Rolph’s paper has been divided into 4 parts: Part 1: Discoverability; Part 2: Pleadings and Procedural Issues; Part 3: Insurance Contracts; and Part 4: “Problem” Areas and Conclusion.

In 2015, the Courts continued to build on the limitations law decided in previous years, not only concerning discoverability generally, but also in the context of professional malpractice, disability insurance, OPCF 44R and uninsured motorist coverages, and relief from forfeiture. The Court of Appeal definitively determined that laches has no application to claims governed by the Limitations Act 2002.

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.

An New Year's update from OBA Insurance Law Section Chair, Audrey Ramsay.

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.