Zarek Taylor Grossman Hanrahan LLP

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Priority Rules and the Strict 90 Day Limitation on Notice - Sometimes 90 days isn't 90 days: Allstate v. State Farm and Dominion

January 18 2017 Those that handle priority disputes in the insurance industry know that there is no shortage of decisions from private arbitrators regarding Ontario…

Watkins v. Western Assurance Company, part 2 A son’s derivative claim for breach of contract, mental distress and loss of income due to the alleged negligent handling of his mother’s accident benefits claim

November 29 2016 Justice Braid granted the summary judgement motion in finding there was is no genuine issue for trial for Timothy Watkins’ action for non earner…

Under age drinking in your home: Social Host Liability revisited in Wardak v. Froom

February 23 2017 A recent decision of Justice Wendy Matheson of the Ontario Superior Court of Justice may have breathed new life into Social Host Liability more than…

Pre-judgment interest

January 10 2017 In a case called Carr v. Modi, 2016 O.N.S.C 7255 the Divisional Court has offered some direction on the vexing issue of when the legislative changes…

The effect of side-agreements between insurers and their insureds in loss transfer situations: Certas Direct v. ACE INA

January 31 2017 In this loss transfer private arbitration decision released on December 22, 2016, Arbitrator Bialkowsi was asked to determine the preliminary issue of…

First costs award levied by lat against insurer for unreasonable conduct: $250 for breaching production order

March 13 2017 The decision of B.F. v Wawanesa Mutual Insurance Company, LAT File No.: 16-000433/AABS, highlights the importance of complying with the terms of…

Insurance brokers may be on a collision course with insurers over coverage issues

March 13 2017 In Routh Chovaz Insurance Brokers Inc. v Aviva Insurance Company of Canada, 2016 ONSC 2567 the Insured had an automobile insurance policy with Jevco…

Disney dreams do not always come true: Family vacation expenses not payable as rehabilitation benefits in F.V. v Wawanesa

March 13 2017 While Disneyworld may be the happiest place on earth, the recent decision of the LAT in F.V. v Wawanesa Mutual Insurance Company, 2017 CanLII 9817 (ON…

Implied consent for 15 year old not easily established: Conners v. D'Angelo

March 2 2017 In Conners v D'Angelo, 2017 ONSC 1104, the Plaintiff was injured after his vehicle was struck by a Volkswagen Jetta being operated negligently by a 15…

SJ Motions - The implications of not showing up and taking adverse position later: D'Onofrio v. Advantage Car & Truck Rentals Limited

February 27 2017 The overarching issue before the Court of Appeal in D'Onofrio was whether determinations in a summary judgment motion were binding on all parties to a…