This refusals motion concerned a plaintiff’s request for the statutory third party’s file contents, including the defendant’s first statement to his liability insurer and all correspondence between the defendant and his liability insurer. TD, the statutory third party (when the motion was heard), refused production on the basis of litigation privilege. The plaintiff’s motion was defeated.
Landre and Western Assurance Company, FSCO A16-001321
This decision concerns a request to add issues to an arbitration proceeding resulting from an Application for Arbitration, filed February 18, 2016.
Chernet v. RBC General Insurance Company, 2017 ONCA 337
The Court of Appeal dismissed an appeal granting summary judgement against a plaintiff for damages arising from a rear-end motor vehicle accident.
Iannarella v. Corbett, 2015 ONCA 110
Once the plaintiff has proven that a rear-end collision occurred, the evidentiary burden shifts from the plaintiff to the defendant, who must then show that he or she was not negligent.
Fleming v. Brown, Court File no. 1220/15
Adverse costs insurance policies must now be produced pursuant to rule 30.02(3).
Anjum v. John Doe and State Farm, 2016 ONSC 7784 (CanLII)
This summary judgement motion concerned issues of witness credibility and the evidentiary requirements of proving entitlement to the OPCF-44R Family Protection Endorsement