Letter of instruction to defence medical/legal expert not ordered produced until defendant decides to call that expert at trial.
Case Summaries Category Archives
Puri Consulting Limited v. Kim Orr Barristers PC, 2015 ONCA 727 (CanLII)
In this appeal, the Court of Appeal found that even if the plaintiff’s offer to settle does not specifically provide for the inclusion of costs, the plaintiff would be entitled to it pursuant to rule 49.07(5)(b). Further, even if words in the offer are believed to be ambiguous or unambiguous, the meaning of those words can only be properly ascertained by considering the entire context in which the offer was made.
Farhat v. Monteanu, 2015 ONSC 2119 (CanLII)
In this summary judgment motion, Perell J. of the Ontario Superior Court of Justice held that a person cannot always be expected to commence an action before he or she knows that the injuries surpass the threshold, which may not always be apparent on the date in which the accident occurred.
Dube v. RBC Life Insurance Company, 2015 ONCA 641
Released September 21, 2015 | Decision Dube permitted relief from forfeiture for a disabled employee who failed to give proof of claim within the 90-day period under his employer’s group policy. The Court of Appeal provides a victim-friendly analysis under the relief from forfeiture test. In Dube, the Plaintiff was injured in an accident in May 2010. His employer advised him that he was ineligible …
Kassburg v. Sun Life Assurance Company 2014 ONCA 922
Released December 29, 2014 | Decision Kassburg imposes on insurers a duty to communicate a clear and unequivocal denial of a claim in order to trigger the limitation period under the Limitations Act 2002. It also ruled that LTD contracts are not “business agreements.” Ms. Kassburg stopped working due to disability in October 2007, submitted her LTD claim in April 2008 and was denied benefits …
Landriault v. Sun Life, 2015 ONSC 3196
This is a summary judgment motion brought by the Defendant for a determination that the Plaintiff is statute barred from commencing an action beyond the two year period from the date of denial. Here, the Plaintiff applied for LTD benefits from the Defendant and received monthly payments from September 2008 through October 2010. The Plaintiff was denied benefits in October 2010 following obtaining the results …