This fire loss trial resulted in an award to the plaintiff for its losses under the policy, extended profits losses due to insurer delay and a punitive award to denounce the high handed insurer behavior in delaying payment two years.
Case Summaries Category Archives
Sabean v. Portage La Prairie Mutual Insurance Co., 2017 SCC 7
An insurer cannot rely on its specialized knowledge of jurisprudence to advance an interpretation of the policy that goes beyond the clear words of the policy as understood by an average person.
Shaw v. Mkheyan, 2017 ONSC 851
This is a threshold motion in which the plaintiff had pre-existing osteoarthritis in his left knee. The plaintiff was successful in establishing the subject car accident caused his asymptomatic left knee to become symptomatic and thus his injuries met threshold.
Pupo v. Venditti, 2017 ONSC 1519
The jury awarded $150,000 for pain and suffering damages where the Plaintiff suffered from chronic pain and had returned to work. After the jury delivered its verdict, defence counsel brought a threshold motion which was dismissed by the court
Iannarella v. Corbett, 2015 ONCA 110
Once the plaintiff has proven that a rear-end collision occurred, the evidentiary burden shifts from the plaintiff to the defendant, who must then show that he or she was not negligent.
Fleming v. Brown, Court File no. 1220/15
Adverse costs insurance policies must now be produced pursuant to rule 30.02(3).