The Court of Appeal for Ontario held that a Minnesota tortfeasor with only $500,000 liability limits is an “inadequately insured motorist” under the Family Protection Endorsement (OPCF 44R) in Ontario, where the 44R limits are $1 million.
Case Summaries Category Archives
Cobb v. Long Estate, 2017 ONCA 717 & El-Khodr v. Lackie 2017 ONCA 716
Amendment to PJI Rates & SABS Calculations Applicable to 3rd Party Claims. These companion Judgments are appeals dealing with, among other issues, pre-judgment interest and SAB claw-back’s in 3rd party claims
Snowball v. Ornge, 2017 ONSC 4601
Opening the door to FLA damages for mental anguish or sorrow?
R.S. v. Aviva Insurance Canada, 16-003141/AABS (LAT)
A must read for anyone arguing non-earner benefit entitlement before the LAT Date Case Heard: Written Hearing: May 15, 2017 | Full Decision [PDF] This is a recent non-earner benefit eligibility case from the LAT. It provides a helpful guide on how to argue a non-earner benefit case before the LAT. At the outset, the adjudicator addressed a number of preliminary procedural issues. It allowed …
Abyan v. Sovereign General Insurance Company, FSCO A16-003657
The Minor Injury Guideline is Found Unconstitutional
Usanovic v. Penncorp, 2017 ONCA 395
An Insurer Does Not Have a Good Faith Duty to Advise Insured of a Limitation Period