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…
Case Summaries Category Archives
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”…
Louis v Poitras, 2020 ONCA 815
In this case the Ontario Court of Appeal granted the Plaintiffs’ request to stay the Divisional Court’s order reinstating the Defendants’ jury notices.
Woods v. Jackiewicz, 2020 ONCA 458 (CanLII)
In this case, the respondent was 27 weeks pregnant with twins when she saw the appellant for an unscheduled appointment, complaining of severe abdominal pain and excessive weight gain. The appellant sent her home to rest. 2 days later, twins were delivered by emergency C-section, and as a result of the birth, one of the twins sustained brain damage due to Twin-to-Twin Transfusion Syndrome.
Lange, et al., v. John Doe, et al.
In this case, Master Josefo ordered production of a document that was created by the defendant six months after the commencement of litigation. To support their privilege claim, the defence tendered affidavit evidence from counsel about what he had been told by the author of the document.