automobile insurance Tag Archives

Driving Without a License: Can I Still Sue?

Imagine you are on an afternoon drive. You are obeying the rules of the road and driving in a safe and prudent manner. Suddenly, another vehicle comes along, blows through a clearly-marked stop sign and smashes into your vehicle. You are now injured and faced with a lifetime of pain through no fault of your own. Your first thought is to sue the at-fault driver. However, there is just one problem: you didn’t have a valid driver’s license at the time of the crash.

P.H. vs. Aviva Insurance Company of Canada, 2020 ONLAT 18-010205/AABS

In this case, the Licence Appeal Tribunal decided in favour of the Applicant, who was injured when she fell through a gap in between her house and her backyard patio after the ladder had been detached as a result of a motor vehicle that struck it moments before her fall.

Tuffnail v. Meekes 2020 ONCA 340

This recent Court of Appeal decision addresses issues related to underinsured automobile coverage, joint liability and subrogation under the OPCF 44R (Ontario Policy Change Form 44R — Family Protection Coverage endorsement).

Mundinger v. Ashton, 2020 ONSC 2024

This case serves as an important reminder of the real (and potentially substantial) costs consequences for Plaintiffs, even when they are covered by adverse costs insurance policies.

Rufai v. Unifund, 2020, 18-012427/AABS

The respondent brought a motion to quash the summons and change the format of the LAT hearing. The tribunal denied the motion to quash the summons and ordered the hearing to proceed in-person with attendance of the adjuster to be examined on the claim of Special Award.

Lanthier-Grenier v. Intact Insurance Company

The applicant was a Quebec resident involved in a motor vehicle accident in Ontario on March 12, 2017. She was a passenger in the collision and received medical treatment in Ontario.