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Applications for leave to appeal granted - 27 November 2014
  • Gowling Lafleur Henderson LLP
  • Canada
  • November 27 2014

On appeal from the judgments of the Court of Appeal for British Columbia pronounced March 3, 2014. In September, 2010, the British Columbia

Loss transfer limitation rolls along
  • Miller Thomson LLP
  • Canada
  • September 12 2014

The Superior Court has upheld an arbitrator's decision, finding that loss transfer is subject to a two-year rolling limitation period. In Economical

Zurich Insurance Company v. Chubb Insurance Company of Canada: Ontario Court of Appeal considers standard of review of arbitration decisions
  • Osler Hoskin & Harcourt LLP
  • Canada
  • June 12 2014

As arbitration becomes a more and more common form of dispute resolution, the intersection between arbitral decisions and the courts will need to be

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 (Minister of Finance) v. Zurich Insurance Co
  • Harper Grey LLP
  • Canada
  • December 18 2012

Successful motion by the insurer for summary judgment dismissing the Motor Vehicle Accident Claims Fund's action because the Fund had commenced the arbitration process and, as a result, was unable to pursue litigation

FSCO arb: CAT denial and deficient OCF-9 fail to trigger limitation
  • Miller Thomson LLP
  • Canada
  • December 6 2012

A FSCO arbitrator has ruled that an insurer’s denial of a catastrophic impairment application does not trigger a limitation period to dispute that determination

D’Ettorre v. Coachman Insurance Co
  • Harper Grey LLP
  • Canada
  • November 30 2012

A party to a settlement applied for judicial review of a decision made by a “delegate” from the Financial Services Commission of Ontario

Court of Appeal rules for insurer in topsy-turvy FSCO dispute
  • Miller Thomson LLP
  • Canada
  • August 30 2012

The Court of Appeal for Ontario has set aside a Divisional Court decision from a weird FSCO ruling dealing with multiplicity of proceedings and limitation issues

FSCO App. upholds failed mediation decision; stumps FSCO
  • Miller Thomson LLP
  • Canada
  • August 9 2012

Director’s Delegate Evans has upheld the February 10, 2012 decision of Arbitrator Rogers in State Farm vs. Leone which found that a mediation was deemed to have failed because it did not take place within 60 days of an application being filed with FSCO

Same court, different results: when does the limitation period start for an arbitration claim?
  • McCarthy Tétrault LLP
  • Canada
  • May 7 2012

When does the limitation period start for an arbitration claim?