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.
insurance Tag Archives
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.
Travelers Insurance Company of Canada v. CAA Insurance Company 2020 ONCA 382
In a unanimous decision, the Ontario Court of Appeal ruled that mere presence of an office in Ontario does not itself make Ontario’s Insurance Act the governing legislation for all auto insurance policies that an insurer underwrites…
N.P. v Western Assurance Company, 2020 ONLAT 19-011629/AABS & 19-012841/AABS
In this case, the Respondent insurer, Western Assurance Company, denied a treatment and assessment plan for an in-home re-assessment of attendant care benefits and housekeeping benefits. The Adjudicator found in favour of the Applicant…