The following is a summary of the FSCO Decision of Weaver v. Aviva, an Arbitration that was heard August 9, 2017.
Case Summaries Category Archives
Jones v. Hanley and Jones v. Livska, 2018 ONSC 145 (CanLII)
This is a post-verdict motion dealing with, among other issues, the assignment of future sabs which the plaintiff may be entitled.
Pestano v. Wong, 2017 BCSC 1666 (CanLII)
This medical malpractice case was largely resolved by way of a settlement. However, the parties required determination of several issues in relation to management fee and tax gross-up awards and calculations.
Aviva Insurance Company of Canada v. McKeown, 2017 ONCA 563 (CanLII)
This appeal concerned the nature of the notice an insurer must give to examine an applicant for accident benefits under oath. Section 33 (2) says the applicant “shall” submit to an examination under oath if requested. Section 33 (4) (3) requires an insurer to give the applicant advance notice of the “reason” for the examination. Relying on the latter, some applicants demanded their insurer provide reasons in the sense of a justification that they attend an examination under oath.
M.B. v. Aviva Insurance Canada, 2017 CanLII 87160 (ON LAT)
A recent LAT decision was overturned and the law regarding compliance with the notice requirement under section 44 (for insurers’ examinations) was clarified.
Morriseau v. Sun Life Assurance Company of Canada, 2017 ONCA 567 (CanLII)
This is an Appeal from a Motion where Sun Life moves to dismiss the Plaintiff’s LTD Action on the ground that the Court does not have jurisdiction and that the proper forum is arbitration (LRBO) under the collective agreement.