insurance Tag Archives

Merino v. ING Insurance Company of Canada, 2019 ONCA 326

The Plaintiff was catastrophically injured when she was hit by a car on September 12, 2002. The driver of the car and his wife, were joint owners of the car which was ostensibly insured by the Defendant ING Insurance. But, almost two months earlier, ING had purported to unilaterally terminate the insurance contract, based on non-disclosure of a driving record…

It’s Time to Abolish the Pain and Suffering “Cap”

Back in 1978, the Supreme Court of Canada set an upper limit or “cap” on pain and suffering damages in Andrews v. Grand & Toy Alberta Ltd. J.A. Andrews was only 21 when he was rendered quadriplegic from a motor vehicle collision. The Court wrote that “It is difficult to conceive of a person of his age losing more than Andrews has lost.” He was ultimately awarded $100,000 …