Insurance
-
October 11, 2024
Ontario Court of Appeal rejects accident victim's effort to amend claim to name truck driver
More than 10 years after a motorcycle accident seriously injured an Oshawa, Ont. man, the Ontario Court of Appeal has rejected his effort to amend his claim to reflect the identity of the truck driver he believes caused the accident.
-
October 11, 2024
Deciding adjournments: Case highlights how Licence Appeal Tribunal favours expediency over fairness
The Ontario Divisional Court recently released its decision in Fernandez v. Commonwell Mutual Insurance, 2024 ONSC 5180, in which it unanimously decided that the Licence Appeal Tribunal unfairly denied the applicant’s request for an adjournment, which was on consent (with terms).
-
October 11, 2024
Prioritizing mental health in the workplace
On World Mental Health Day on Oct. 10, we were reminded of the vital role that mental health plays not just in individual lives but also within our communities and workplaces. The global conversation surrounding mental health has grown significantly over the years, yet we still face considerable barriers that impede progress.
-
October 10, 2024
Ontario Court of Appeal upholds $547K damages award against insurer for denying stolen jewelry claim
The Ontario Court of Appeal has upheld an award of $547,100, including a $45,000 punitive damages award, against an insurer that denied a claim for stolen jewelry on the basis that the insured had not established that they owned the jewelry.
-
October 09, 2024
Personal injury lawyers ask SCC not to make it harder for clients to sue foreign defendants
When can people injured abroad sue in Canadian courts? Does the presumption of innocence apply in non-criminal settings? When a miscarriage of justice occurs, what is the scope of an appeal court’s power to acquit when setting aside a guilty plea? These are some of the questions raised by appeals slated for the Supreme Court of Canada’s new fall session as counsel began making their arguments this week in a court building with stepped-up exterior security features, such as an imposing barricade of large cement planters.
-
October 08, 2024
Insured mortgage refinancing for secondary suite construction to be available starting 2025
The federal government has announced that homeowners looking to add secondary suites will be able to refinance insured mortgages, according to an Oct. 8 release. The government has also increased the mortgage insurance home price limit for those refinancing to build a secondary suite to $2 million.
-
October 08, 2024
Reliance on artificial intelligence: Could it stymie the growth of law?
Regardless of one’s personal view of the topic, it is undeniable that artificial intelligence (AI) will impact the future of law, as it will much of the rest of society.
-
October 07, 2024
Ontario Court of Appeal upholds decision concluding insurer waived rights to sworn proof of loss
The Ontario Court of Appeal has dismissed an insurer’s appeal finding that it waived its right to a sworn proof of loss requirement and an appraisal related to the insured’s items lost in a fire.
-
October 04, 2024
SCC affirms air passenger compensation regs are valid; expert int’l law evidence can be admissible
In an important judgment on evidence and air passenger rights, the Supreme Court of Canada has ruled 9-0 that judges have the discretion to admit expert evidence on international law so long as the threshold admissibility criteria in R. v. Mohan, [1994] 2 S.C.R. 9, are met.
-
October 04, 2024
Yukon tables traffic bill with harsher penalties for impaired drivers
In a bid to bring greater safety to its highways, Yukon’s government is proposing new traffic legislation that would toughen punishments for reckless and impaired drivers.