Adverse costs insurance policies need not be produced in their entirety where the insured is the law firm and not the plaintiffs. To require disclosure would require a breach of the solicitor-client privilege of other clients covered under the policy.
Rikin Morzaria
For over a decade, Rikin Morzaria has dedicated his practice to representing those who have suffered serious or catastrophic personal injuries and families who have lost a loved one in wrongful death cases. His areas of practice include traumatic brain injuries, spinal cord injuries, cycling injuries, fatal accidents, medical malpractice, nursing home negligence, and disability insurance claims.
Rikin received his Bachelor of Business Administration (BBA) with Distinction from the Schulich School of Business at York University. He completed his law degree at the University of Toronto, where he also received the top prize in Trial Advocacy and the top prize in Public International Law.
Rikin has written and published more than twenty journal articles and chapters in leading textbooks in the field of civil litigation and personal injury law. He is regularly invited to give lectures to other lawyers and to health professionals about litigation and personal injury law.
Rikin believes passionately in the need for safe streets and commutes by bicycle to work every day. When not working, Rikin spends his time with his wife and two children.
Middleton v. Pankhurst, 2017 ONCA 835 (CanLII)
The Court of Appeal affirmed that the term “authorized by law” applies only to licencing and restrictions imposed by the Ministry of Transportation. A driver who operates a vehicle with alcohol in his system, in breach of his probation order, is not in violation of statutory conditions.
Lyons Estate v. Dr. Freeman et al., 2017 ONSC 676 (CanLII)
Justice Corthorn dismissed the defendant doctor’s motion for leave to bring a motion for summary judgment at the beginning of the second week of trial.
P.L.F.R. v. Intact Insurance Company, Tribunal File No. 16-000145/AABS (LAT)
In what is believed to be the first LAT decision on catastrophic impairment, Vice-Chair Flude held that the applicant, who had been intubated and sedated before having GCS scores of 9 or less recorded, had suffered a catastrophic impairment.
Benhaim v. St-Germain, 2016 SCC 48
In a 5-4 decision, the Supreme Court of Canada held that a trial judge is not required by law to draw an adverse inference against physicians whose negligence makes it impossible to prove causation and where the plaintiff adduces at least some evidence of causation. Trial judges are permitted to draw such inferences, but are not required to do so.
Hamblin v. Standard Life Assurance Company of Canada, 2016 ONCA 854
An LTD insurer is entitled to reduce the amount of LTD payments under a group insurance plan by the amount of the non-earner benefit the insured person is receiving, so long as the accident benefits insurer is not deducting LTD payments from the amount of the NEB payable.
