Pursuant to s. 7(3)(b) of the SABS, post-accident business income is deductible from the claimant’s IRBs.
Rawsthorne v. Marotta, 2017 ONSC 2182
Discoverability is triggered when the plaintiff knows that some damage has occurred and she has identified the specific tortfeasor who caused the damage. Knowledge of the damage alone does not trigger the limitation period.
Sabean v. Portage La Prairie Mutual Insurance Co., 2017 SCC 7
An insurer cannot rely on its specialized knowledge of jurisprudence to advance an interpretation of the policy that goes beyond the clear words of the policy as understood by an average person.
Woodhouse v. Snow Valley Resorts (1987) Ltd., 2017 ONSC 222
Where a service provider relies on the waiver clause of a consumer agreement, and the consumer agreement contains terms that are void by operation of the Consumer Protection Act, the service provider bears the onus to persuade the court that it would be inequitable not to bind the Plaintiff to all or some portions of the consumer agreement, including its waiver clause.
Kabutangana v. Coachman Insurance Co., 2016 ONSC 6330
Motion for the production of non-party Children’s Aid Society’s file is speculative and an unmeritorious fishing expedition that amounts to an unwarranted invasion of privacy.
Watkins v. Western Assurance Co., 2016 ONSC 2574
Accident Benefits Insurer’s failure to provide an Explanation of Benefits to a dependent of a policyholder who may have been entitled to accident benefits does not stop the time requirement of that dependant to apply for accident benefits within the statutory timelines and commence an action within the two-year limitation period