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PMSI v. Insured

Miller Thomson LLP
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Canada
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May 14 2009

GE financed two tractor trailers for Brampton Leasing & Rentals Ltd. (“Debtor”) under conditional sale contracts and perfected its security under the Personal Property Security Act (Ontario) (“PPSA”

Court of Appeal for Ontario places onus for PPSA searches on insurers

Miller Thomson LLP
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Canada
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October 20 2009

The recent Court of Appeal decision, GE Canada Equipment Financing G.P. v. ING Insurance Co. of Canada, cautions insurers to conduct searches under the Personal Property Security Act (“PPSA”) prior to taking title to salvage pursuant to Statutory Condition 6(7

Section 42 assessors: are they experts?

Miller Thomson LLP
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Canada
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October 20 2009

In Babakar v. Brown, the Court was recently asked to determine whether assessors who examined a claimant under section 42 of the Statutory Accident Benefits Schedule (“SABS”) were “experts” as defined by the Rules of Civil Procedure

Drive-by shootings use or operation of an automobile?

Miller Thomson LLP
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Canada
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October 20 2009

We live in a car culture

Guardian Insurance v. York Fire re-visited

Miller Thomson LLP
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Canada
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October 20 2009

In ING Insurance Company v. Lombard General Insurance Company of Canada, Mr. Justice Jennings considered the priority in which polices of insurance were required to respond to claims following a motor vehicle accident

Court denies trip & fall claimant accident benefits

Miller Thomson LLP
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Canada
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January 7 2013

There is a new Superior Court decision determining whether a trip-and-fall incident is a "motor vehicle accident" for the purpose of claiming statutory

Non-earner benefits when is a claim made?

Miller Thomson LLP
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Canada
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May 27 2010

The recent FSCO decision of Mannarino and ING (A08-000388) dealt with the issue of when a claim is made for non-earner benefits

Plaintiff held to agreement reached at mediation - Boulanger v. The Great-West Life Assurance Company

Miller Thomson LLP
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Canada
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May 27 2010

The plaintiff brought an action seeking LTD benefits, along with extra-contractual damages

Finlay v. Van Paassen - a registrar’s order dismissing an action will near always be set aside

Miller Thomson LLP
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Canada
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May 27 2010

The action arises out of a motor vehicle accident that occurred October 2003

CDA before court

Miller Thomson LLP
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Canada
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June 8 2010

The Income Tax Act considers the income earned through a private corporation in the same framework as income earned directly by an individual

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