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MT Insurance Law Blog Blog

Articles: 1-10 of 65

Demetriou v. AIG: The Burden of Proof and the Requirement to Plead Fraud

Canada - February 19 2019 Mr. Demetriou had a family heirloom Ring appraised. It was worth $550,000. He insured the Ring against theft with AIG Insurance Company of Canada…

The Deduction of Accident Benefits in Tort Actions

Canada - January 16 2019 In the 2018 decisions of Cadieux v. Clouthier and Carroll v. McEwen, the Ontario Court of Appeal clarified the manner in which accident benefits are…

The Common Law is Sometimes Not So Common — ONCA Releases Contradictory Decisions on Municipal Liability in Nearly Identical Cases

Canada - October 11 2018 Canada is a common law jurisdiction. The heart of the common law is that like cases are to be treated alike. This fundamental principle of the common…

Who can be Present at an Examination for Discovery?

Canada - October 5 2018 Answering the question of who should be allowed to attend at an examination for discovery involves an exercise in balancing two competing interests:…

When a Spouse is not a Spouse

Canada - September 6 2018 The Superior Court has recently had the opportunity to revisit an issue that has not been addressed by the courts in twenty years: whether the Family…

Juries Behaving Badly

Canada - August 22 2018 Jury duty is an - often dreaded - civic duty central to the justice system in Canada. A juror’s duty is to listen to the evidence and argument, and to…

Nemchin v. Green: The Deduction of Collateral Benefits at Trial

Canada - August 13 2018 The plaintiff was injured in a car accident in 2010. The trial in 2017 led to a jury verdict of $125,000 in general damages and $600,000 in future…

Where a Plaintiff is Ordinarily Resident Outside of Ontario, Under What Circumstances will a Court Order Security for Costs?

Canada - August 7 2018 Rule 56.01 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 provides that the Court, on motion by a defendant in a proceeding, may make an order…

Artificial Intelligence Revolution and the Insurance Industry

USA - July 31 2018 The information revolution has had an undeniable impact on society, as did the industrial revolution before it. Now artificial intelligence is poised…

“Scanty” Evidence Failed to Establish a Plaintiff’s Entitlement to Recover Interest on Loans Borrowed for the Purpose of Litigation

Canada - July 24 2018 In Isbister v. Delong, 2017 BCCA 340, the British Columbia Court of Appeal upheld a trial judge’s decision that the plaintiff was not entitled to…