Articles

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.

Case Summary of the recent Court of Appeal decision, Fernandes v. Araujo, 2015 ONCA 571

In the July 29, 2015 decision in Lica v. Dhaliwal, Price J ordered that State Farm, the insurer of the Defendants provide the reasons and basis for the denial of coverage. State Farm insured the Defendants in this action. However, State Farm denied coverage and added itself as a statutory third party in the action. State Farm did not provide detailed reasons for the denial of coverage.

The amendments to the Insurance Act and its regulations, increasing the amount of the statutory deductibles in motor vehicle accident cases, took effect as of August 1, 2015.

Most insurance policies contain some variation of the “consent clause.” Generally speaking, these clauses require that an insurer who has extended coverage to a policyholder consent to any proposed settlement. While most insurers believe this provision to be not only enforceable but fundamental to their ability to manage claims on behalf of their policyholders, a recent case from Pennsylvania reminds us that with the right facts and in the right circumstances such clauses can be overcome.

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....

Extreme sports is a growing industry that is profiting from the human desire to experience the adrenaline rush associated with risk-laden activities. Whether it is racing down a ski hill on a mountain bike, falling from a white water raft, or climbing up a rock face, there is an increased appetite for such thrills. As the appetite grows, the number of private “pay to play” facilities looking to profit from the rush are on the rise — along with injuries and lawsuits.

In Nandlal v. Toronto Transit Commission, 2015 ONCA 166 the Plaintiff alleged that she fell on slippery and debris strewn steps at Kennedy subway station in Toronto. The TTC brought a motion for summary judgment.