Late disclosure of surveillance evidence, in breach of the defendant’s continuing disclosure obligations, led the trial judge to exclude surveillance evidence both as substantive evidence and for the purpose of impeachment.
Case Summaries Category Archives
Vickers v. Palacious, 2015 CarswellOnt 20889
After the close of the plaintiff’s case, during which the plaintiff filed the reports of two radiologists, the trial judge denied the defendant’s request for a ruling permitting it to cross-examine the radiologists.
Richards v. Sun Life Assurance Company of Canada, 2016 ONSC 5492
In an action for disability benefits, a plaintiff does not get the benefit of a rolling limitation period because the material facts upon which the action rests will have arisen at the time the plaintiff alleges that he or she first became entitled to periodic payments and it would be unfair to require the insurer to litigate those facts for a potentially unlimited period of time.
Watkins v. Western Assurance Co., 2016 ONSC 2574
Accident Benefits Insurer’s failure to provide an Explanation of Benefits to a dependent of a policyholder who may have been entitled to accident benefits does not stop the time requirement of that dependant to apply for accident benefits within the statutory timelines and commence an action within the two-year limitation period
Sharon Todd v. Felton Brushes Ltd. et al., 2016 ONSC 5252
There is no common law duty on a group disability insurer to inform an insured of each potential claim for benefits.
Echelon General Insurance Company v. Ontario (Minister of Finance), 2016 ONSC 5019
This was an appeal of a preliminary award in which the arbitrator determined that an insurer’s policy had expired prior to the collision in question. The issue on appeal was whether an improperly cancelled policy remained in force.