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Samis+Company | Canada | 11 Oct 2017

But For… Everyone Else (Not Me!)

In Sacks v. Ross, the Ontario Court of Appeal dealt with how to apply the causation test in medical negligence cases involving multiple tortfeasors…
Article

Samis+Company | Canada | 6 Oct 2017

Who Dunnit? Use the “But For” Test!

In the FSCO Appeal Decision of State Farm and Sabadash (P16-00029), Director’s Delegate Evans conducts a thorough analysis of the key jurisprudence on…
Article

Samis+Company | Canada | 29 Sep 2017

Don’t Blame Me!

In Osmond v Watkins, 2017 ONSC 5729 (CanLII), the defendant successfully brought a summary judgment motion against his contractor. The defendant…
Article

Samis+Company | Canada | 26 Sep 2017

LTD Insurers don't have to Advise Claimants of Limitation Periods when Denying Claims in Ontario

In a recent decision, the Court of Appeal affirmed that while a Long Term Disability Insurer’s duty of good faith generally includes the duty to act…
Article

Samis+Company | Canada | 20 Sep 2017

2015 PJI and Higher Deductible Provisions Apply Retrospectively and more…

The Court of Appeal released two decisions that hopefully put to bed the debate about the effect of legislative changes made in 2015. The court also…
Article

Samis+Company | USA | 14 Sep 2017

New Full Indemnity Exception in Coverage Cases

The Superior Court of Justice recently released an important decision finding full indemnity costs payable in a coverage case. In the underlying…
Article

Samis+Company | Canada | 14 Sep 2017

Minnesota is an "Inadequately Insured Motorist"

The Court of Appeal for Ontario has held that a Minnesota tortfeasor with only $500,000 liability limits is an “inadequately insured motorist” under…
Article

Samis+Company | Canada | 14 Sep 2017

LAT Upholds Limitation Period for Denied CAT Benefits

In a decision on a preliminary issue released September 7, 2017, Vice Chair Trojek of the LAT held that a catastrophically impaired Applicant missed…
Article

Samis+Company | Canada | 21 Jul 2017

Trip and Fall? Better Land on a Car

The License Appeal Tribunal has held that a person who tripped over stone blocks and fell into a parked Honda vehicle was involved in an “accident”…
Article

Samis+Company | Canada | 4 Jul 2017

ONCA: Justification is NOT required for EUO request

The Court of Appeal has determined that an Insurer is not required to provide a justification for its request that a claimant attend an examination…
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