insurance Tag Archives

Musa v Carleton Condominium Corporation No. 255 et al., 2022 ONSC 1030

A person shoveling snow.

In Musa v Carleton Condominium Corporation No. 255 et al., the issue was whether the Defendant contractor applied the road salt to the driveway and parking areas of the condominium in a sufficiently timely way to avoid or mitigate the formation of icy conditions that would put the residents at risk of injury through slipping or falling.

2021: Another Year of the LAT (and it isn’t getting faster)

As we bid farewell to 2021, OTLA has updated the Licence Appeal Tribunal statistics from our ongoing Freedom of Information requests. Not surprising, the LAT is not getting any faster, and even more not surprising, the same insurers are still creating a lot of LAT disputes…

Rooplal v. Fodor, 2021 ONCA 357

In this case, the Court of Appeal for Ontario confirmed that a claim against an insurer for indemnification under s. 265 of the Insurance Act does not start to run until the insurer fails to satisfy a demand for indemnification…

Shafique v. Cowie and Pereira, 2021 ONSC 3032

The defendant brought a motion pursuant to Rule 26.02(c) of the Rules of Civil Procedure for an order granting the defendants leave to amend their statements of defence to plead the legal doctrine of spoliation. Justice Turnbull J. adjourned the motion so that the defendant could return with a proper evidentiary basis to support the motion.

Eynon v. Simplicity Air Ltd., 2021 ONCA 409

In Eynon v. Simplicity Air Ltd, the Court of Appeal addressed a significant punitive damage award in a case where the plaintiff contributed considerably to the incident that caused his injury.