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Results: 1-10 of 321

Failure to mediate in good faith: commentary from the Ontario Court of Appeal
  • Miller Thomson LLP
  • Canada
  • October 29 2015

In the case of Ross v. Bacchus, the Ontario Court of Appeal was asked to overturn a trial judge's imposition of a $60,000 penalty on an insurer for


Insurer’s attempt to short circuit dispute resolution process shut down
  • Miller Thomson LLP
  • Canada
  • October 8 2015

Those insurers frustrated by the delay in having an "accident" determination adjudicated under the dispute resolution process should take heed of the


Applications for leave to appeal dismissed - 10 July 2015
  • Gowling Lafleur Henderson LLP
  • Canada
  • July 9 2015

The applicant was convicted of failing to provide the necessaries of life to a child in necessitous circumstances contrary to s. 215(2)(a)(i) of the


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