insurance Tag Archives

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.

Availability of Insurance in Fatal Accident Compensation Involving Reckless and Impaired Drivers

While the lockdown has seen a significant reduction in accidents, there has been an increase in the number of serious and catastrophic accidents caused by excessive speeding (including stunt driving) and, at times, driving while impaired. Incidents of stunt driving have increased dramatically since the pandemic, with the OPP often reporting on social media young drivers clocking speeds of 150 to 250 km/h on highways and roadways…

Section 33 of the Schedule: When is the Production Request “Reasonably Required”

The “duty of an applicant to provide information” section of the Schedule (Section 33(1)1) is a highly effective tool utilized by insurance companies to both adjust their claims and to challenge an insured. An insured runs the risk of a suspension of their benefits if they fail to properly respond in a timely manner to a reasonable request for document

Pandemic Price Gouging in The Car Insurance Industry

New data reveals that car accidents in Ontario have gone down by more than 56% since Ontario’s State of Emergency was declared on March 17, 2020. How have car insurance companies responded? By increasing Ontarians’ premiums by an average of $30 per policy since the pandemic began.