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Results: 1-10 of 161

Kusnierz v. Economical Mutual Insurance Company (Ontario Court of Appeal decision released on December 23, 2011)
  • Borden Ladner Gervais LLP
  • Canada
  • January 4 2012

On December 23, 2011, the Ontario Court of Appeal brought clarity to the long debated issue of how catastrophic impairments should be determined for seriously injured individuals whose injuries do not fall under one of the six “specific” categories under subsection 2(1.1) of the Statutory Accident Benefits Schedule Accidents on or after November 1, 1996 3 (“SABS”


Punitive damages update
  • Borden Ladner Gervais LLP
  • Canada
  • April 15 2013

You know things haven't gone well for the insurers when the judge describes them as 'two major worldwide insurance compies who were determined to


The OCA exercises broad discretion in granting an insured relief from forfeiture
  • Borden Ladner Gervais LLP
  • Canada
  • February 27 2014

The recent Ontario Court of Appeal decision, Kozel v. The Personal Insurance Company, addressed the availability of relief against forfeiture in the


Appeal order in Scarlett v. Belair Insurance Co. issued
  • Borden Ladner Gervais LLP
  • Canada
  • December 5 2013

On November 28, 2013 FSCO's Director's Delegate rendered the much awaited Appeal Order in Scarlett v. Belair Insurance Co. (2013 O.F.S.C.D. No. 42


Ontario Superior Court considers what constitutes a “dependant” under the SABS
  • Borden Ladner Gervais LLP
  • Canada
  • January 13 2014

The recent Ontario Superior Court of Justice decision in State Farm v. Bunyan (2013 ONSC 6670) examines the issue of whether the respondent ("Mr


Law firm event gone wrong
  • Borden Ladner Gervais LLP
  • Canada
  • February 27 2013

There was what Newbury JA of the BC Court of Appeal called 'a very unfortunate turn of events' at a social function for associates and students of a


Ontario Court of Appeal decision in Boyce v. Cooperators General Insurance Company
  • Borden Ladner Gervais LLP
  • Canada
  • May 9 2013

Attached below is a link to yesterday's Ontario Court of Appeal decision in Boyce v. Cooperators General Insurance Company which is the first


Supreme Court grants leave to appeal motor vehicle insurance case: Zurich Insurance Company v. Chubb Insurance Company of Canada
  • Borden Ladner Gervais LLP
  • Canada
  • December 19 2014

The Supreme Court of Canada recently granted leave to appeal in a motor vehicle insurance case addressing the “pay first and dispute later” rules


No privilege in information derived from ATI request
  • Borden Ladner Gervais LLP
  • Canada
  • February 1 2013

Karen Bennett's house was destroyed by fire. State Farm, her insurer, denied coverage on the grounds that the house had been left vacant for more


Court does not require defendant insurer to produce its file from a previous related action
  • Borden Ladner Gervais LLP
  • Canada
  • October 7 2016

In the recent interlocutory decision, Hall v. Peel Insurance Co., 2016 ONSC 5288, the Ontario Superior Court allowed an enlarged definition of