In this decision, the Divisional Court overturned the decision of the Licence Appeal Tribunal (LAT) and held that the Court of Appeal for Ontario’s decision
P.H. vs. Aviva Insurance Company of Canada, 2020 ONLAT 18-010205/AABS
In this case, the Licence Appeal Tribunal decided in favour of the Applicant, who was injured when she fell through a gap in between her house and her backyard patio after the ladder had been detached as a result of a motor vehicle that struck it moments before her fall.
K.D. v. Aviva Insurance Company, 2020 ONLAT 18-011646/AABS
In the recent decision before the Licence Appeal Tribunal (LAT), K.D. v. Aviva Insurance Company, 2020 ONLAT 18-011646/AABS,Vice Chair Farlam clarified some long-held differences of opinion between insureds and insurers – or affirmed the interpretation of unambiguous statutory legislation, depending on whom you ask – regarding the calculation of a weekly base amount for income replacement benefits payable to self-employed motor vehicle accident victims.
Sukhu v. Bascombe, 2018 ONSC 2878 (CanLII)
The limitation for pursuing unidentified motorist coverage does not begin to run until a demand to indemnify has been made and the responding insurer has failed to satisfy the claim.
Rolley v. MacDonell, 2018 ONSC 508 (CanLII)
Counsel must be aware of the severe consequences of failing to accurately estimate the time required for Trial.
Armstrong v. Lakeridge Resort Ltd., 2017 ONSC 6565
Following a jury Trial in which the Plaintiff recovered $68,250 in damages, Justice Salmers ruled on the quantum of costs and disbursements to be paid by the Defendant. Specifically, the Court commented on whether the Plaintiffs’ disbursement in purchasing adverse costs insurance ought to be payable by the Defendant.