Multiple Deductibles in Multiple Accidents: Martin v. Fleming & Campoverde February 22, 2013 Derek V. Abreu On October 29, 2012, the Ontario Court of Appeal heard the appeals in Martin v. Fleming and Martin v. Campoverde & Sisoun...
Message from the Chair February 22, 2013 Kathleen J. Kelly I am delighted to be the 2012-2013 Section Chair for Insurance Law and I encourage all of you to think about how you would like to be involved, or more involved, in Section and/or OBA activities.
Green Insurance and 'LEEDigation' February 17, 2013 Julie Mohanna A trend seems to be emerging amongst insurers in Ontario. Many are considering Green insurance for Leadership in Energy and Environmental Design ("LEED") constructed buildings.
Papapetrou and the Duty to Defend: A Rejection of the "True Nature Test" February 17, 2013 Louise A. James On July 23, 2012, the Ontario Court of Appeal rendered its decision in Papapetrou v. 1054422 Ontario Ltd.
An Insurer's Duty to Defend: Clarity from the Court of Appeal February 17, 2013 Tate McLeod In Tedford v. TD Insurance Meloche Monnex, the Ontario Court of Appeal provides helpful guidance concerning an insurer’s duty to defend.
Meet the Executive February 17, 2013 This issue, we introduce Executive members Patrick Brown and Aleksandra Zivanovic.
Consequences of Incivility and Personal Attacks: Carleton v. Beaverton Hotel March 06, 2012 Civil litigation is an adversarial process but it is a process that should be exercised with professionalism, civility and dignity.
New SABS: Insurer Paid Income Replacement Benefit Reports March 06, 2012 Ian Wollach The New SABS introduces an income replacement accounting report benefit of up to $2,500 per insured. This benefit applies to both employed and self-employed claimants, irrespective of whether the accident occurred before or after September 2010.
Apportioning Liability in Single-Vehicle Accidents March 06, 2012 David Elmaleh The Clash between Contributory Negligence, the Driver’s Liability, and a Municipality’s Duty of Care.