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Zarek Taylor Grossman Hanrahan LLP | Canada | 13 Mar 2017

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

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…
Article

Zarek Taylor Grossman Hanrahan LLP | Canada | 13 Mar 2017

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

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

Zarek Taylor Grossman Hanrahan LLP | Canada | 13 Mar 2017

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

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…
Article

Zarek Taylor Grossman Hanrahan LLP | Canada | 2 Mar 2017

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

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…
Article

Zarek Taylor Grossman Hanrahan LLP | Canada | 27 Feb 2017

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

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…
Article

Zarek Taylor Grossman Hanrahan LLP | Canada | 23 Feb 2017

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

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…
Article

Zarek Taylor Grossman Hanrahan LLP | Canada | 23 Feb 2017

Circumstances affecting discoverability in property cases

The dispute in Crombie Property Holdings v. McColl-Frontenac Inc. (Texaco Canada Limited), 2017 ONCA 16, centred around a property purchased in 2012…
Article

Zarek Taylor Grossman Hanrahan LLP | Canada | 16 Feb 2017

Driving without insurance conviction doesn't end discussion in civil context if whether or not policy is validly cancelled: CAO says not an abuse of process to allow such evidence to be examined in Intact v. Federated

This priority dispute between Intact and Federated gave the Court of Appeal a chance to discuss the scope of abuse of process in the context of a…
Article

Zarek Taylor Grossman Hanrahan LLP | Canada | 16 Feb 2017

Pizza oven heat therapy

In the LAT decision A.B. and Aviva (December 23, 2016) a claim for non-earner benefits, medical benefits and interest was considered. Vice-Chair J.R…
Article

Zarek Taylor Grossman Hanrahan LLP | Canada | 14 Feb 2017

The Supreme Court of Canada weighs in on whether CPP disability benefits are “disability benefits from a policy of insurance”: Sabean v. Portage La Prairie Mutual Insurance Co. 2017 SCC 7

Andrew Sabean was awarded damages of $465,400 by a jury in Nova Scotia at the trial of his motor vehicle accident tort claim. The tortfeasor was…
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