In a groundbreaking decision, the Court of Appeal for Ontario in Louis v. Poitras, 2021 ONCA 49, set aside the Divisional Court judgment and restored the motion judge’s order to strike the jury by reason of delay arising from the COVID-19 pandemic.
Case Summaries Category Archives
Z.K. v. Allstate Insurance Company Canada, 2020 CanLII 106429 (ON LAT)
In this case that went before the Licence Appeal Tribunal (“LAT”) following a seven-day hearing held in-person over the months of October and December 2019, the LAT determined that the Applicant had sustained a Catastrophic Impairment as a result of his motor vehicle accident of June 6, 2014…
Boone v. O’Kelly, 2020 ONSC 6932
In this case, the defence expert’s evidence was excluded entirely. The evidence was biased and unreliable from the beginning and was, therefore, inadmissible…
K.K. vs. Aviva General Insurance, 2020 ONLAT 18-012611/AABS
In this case, the insurer was ordered to pay special award for unreasonably held or delayed payment of IRBs after ignoring severity of psychological impairments and reports of its own assessors…
Bradfield v. Royal Sun Alliance Insurance, 2019 ONCA 800
In this case, the Court of Appeal of Ontario reviewed the doctrines of waiver and promissory estoppel in the context of an insurer’s right to deny coverage following the discovery that their insured had been consuming alcohol prior to a motor vehicle accident…
K.H. v. Aviva Insurance Company, 2020 ONTLAT 19-013941/AABS
In this case, Aviva subjected to pay order for unreasonably withheld or delayed payments for having “stubbornly maintained its denial and forced a hearing where it, for the first time post-accident, raised causation issues”…