Watts is an illustrative case dealing with implied consent. Watts restates the current test for whether implied consent has been granted.
Case Summaries Category Archives
Thompson v. Intact Insurance Company, 2016 CanLII 60729 (ON LAT)
Released August 16, 2016 | Full Decision [CanLII] This is one of the first AABS decisions from the LAT. The applicant brought an AABS application to determine entitlement to a denied treatment plan. Prior to the hearing, Intact agreed to fund the treatment plan. Despite the settlement, the applicant sought to recoup its costs of preparing for the hearing. The LAT was forced to decide …
Babcock v. Destefano, 2016 ONSC 5352
Defendant’s Motion for DMEs Dismissed, while also Chastised for Not Taking Pre-Trial Preparations Seriously
Vickers v. Palacious, 2015 CarswellOnt 20890
Late disclosure of surveillance evidence, in breach of the defendant’s continuing disclosure obligations, led the trial judge to exclude surveillance evidence both as substantive evidence and for the purpose of impeachment.
Vickers v. Palacious, 2015 CarswellOnt 20889
After the close of the plaintiff’s case, during which the plaintiff filed the reports of two radiologists, the trial judge denied the defendant’s request for a ruling permitting it to cross-examine the radiologists.
Richards v. Sun Life Assurance Company of Canada, 2016 ONSC 5492
In an action for disability benefits, a plaintiff does not get the benefit of a rolling limitation period because the material facts upon which the action rests will have arisen at the time the plaintiff alleges that he or she first became entitled to periodic payments and it would be unfair to require the insurer to litigate those facts for a potentially unlimited period of time.