Read Full Decision This case involved an motor vehicle accident with an uninsured defendant.  The plaintiff pursued the uninsured provisions of her own automobile policy, TD Insurance.  TD retained in-house counsel to act on the AB matter.  TD thereafter retained the same in-house counsel to act on the uninsured claim.  Plaintiff’s counsel advised TD that it was in a position of conflict and that it …

Justice Spies for the Ontario Superior Court of Justice found that an insurer is required to pay the full cost of mediation when a plaintiff requests a mediation under s. 258.6(1) of the Insurance Act.

Ontario Court of Appeal holds that the limitation period after a property loss starts to run on the date the loss was discovered and not on the date of denial of coverage by the insurance company.

This was an appeal of a decision by FSCO Director’s Delegate David Evans regarding the deductibility of post-collision income from the applicant’s income replacement benefits.

After Mediation the Defence lawyer took out a final Dismissal Order without the authorization of Plaintiff’s counsel and before settlement funds were received. All attempts to contact the Defence lawyer to demand an explanation were ignored.

Apples can now be deducted from oranges. Date Heard May 1-2, 2018 Since the start of no-fault auto insurance benefits in Ontario, tort defendants were entitled to deduct collateral benefits the plaintiff received before the tort trial and obtain an assignment for future no-fault benefits that are the same as the damages awarded. The principle is that an injured plaintiff should not receive double recovery …