In this case, the Court of Appeal of Ontario reviewed the doctrines of waiver and promissory estoppel in the context of an insurer’s right to deny coverage following the discovery that their insured had been consuming alcohol prior to a motor vehicle accident…
N.P. v Western Assurance Company, 2020 ONLAT 19-011629/AABS & 19-012841/AABS
In this case, the Respondent insurer, Western Assurance Company, denied a treatment and assessment plan for an in-home re-assessment of attendant care benefits and housekeeping benefits. The Adjudicator found in favour of the Applicant…
Lambert v. Maracle, 2020 ONSC 1282
The court ordered costs for the plaintiffs on a substantial indemnity basis following their successful motion against the defendant, Aviva Insurance Company.
Loye v. Bowers, 2020 ONSC 782
Loye v. Bowers is a ruling on costs by Justice J. R. H. Turnball in which the defendant was seeking costs from plaintiff’s counsel personally following the trial of a personal injury action.
Lambert v. Maracle, 2019 ONSC 7003
In this case, the plaintiff brought a motion seeking an order to compel the defendant, Aviva Insurance Company of Canada (“Aviva”), to be examined first despite the fact that Aviva was the first party to serve a notice of examination.
The Estate of Carlo DeMarco et al. v. Dr. Martin et al., [2019] ONSC 2788
The use of average wait-times as a defence to causation in a case involving a GP’s failure to refer.