Making the Case

Insights, opinions and thoughts from the Singer Kwinter legal team.

Nga Dang July 4, 2018 By Nga Dang

Ontario Trial Lawyers Association Case Summaries – July 1, 2018

Singer Kwinter’s Nga Dang highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA July 1st, 2018 newsletter. Ontario (Finance) v. Traders General Insurance (Aviva Traders), 2018 ONCA 565 (CanLII) The Court of Appeal determines whether the insurer properly terminated the policy of insurance on the vehicle at issue where the owner of the vehicle is not the named insured under the policy. Date Heard: November 9, 2017 | Full Decision [PDF] This action arose out of a catastrophic accident involving a vehicle owned by Peter Leonard. […]

Nga Dang July 1, 2018 By Nga Dang

Ontario Trial Lawyers Association Case Summaries – July 1, 2018

Singer Kwinter’s Nga Dang highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA July 1, 2018 newsletter. Ontario (Finance) v. Traders General Insurance (Aviva Traders), 2018 ONCA 565 (CanLII) The Court of Appeal determines whether the insurer properly terminated the policy of insurance on the vehicle at issue where the owner of the vehicle is not the named insured under the policy.   Date Heard: November 9, 2017 | Full Decision [PDF] This action arose out of a catastrophic accident involving a vehicle owned by Peter Leonard. The driver, […]

Shane Kwinter June 24, 2018 By Shane Kwinter

GETTING LEGAL: Ride Safe this Summer

Summer is finally here! With the arrival of warm weather, many find cycling an irresistible form of leisure, exercise and transportation around the city. However, it is extremely important to be mindful of where you ride your bike and the consequences of not obeying the laws. The Highway Traffic Act (HTA), defines a bicycle as a vehicle that operates on the road, which means cyclists must use the roads with motor vehicles instead of the sidewalk. However, riders aged 13 or younger are allowed to ride on the sidewalk. While […]

Nga Dang June 18, 2018 By Nga Dang

GETTING LEGAL: Children and Cycling in Toronto

Cycling on the roadway, in and of itself, is an activity that brings about a higher risk of serious injury because cyclists are not protected by a car’s exterior like motorists are. Young children are even more vulnerable while riding bicycles on the roadway because they are smaller and harder to see. Therefore, it is critical that parents and guardians review roadway laws and safety measures with their young children regularly to avoid unfortunate accidents and injury. Children must obey the applicable traffic laws anytime they ride on the roadway […]

Veronica S. Marson May 29, 2018 By Veronica S. Marson

GETTING LEGAL: Ontario bill seeks to increase penalties for drivers who injure cyclists

A new bill is seeking to toughen penalties for drivers who injure or kill cyclists, pedestrians, and other vulnerable road users in Ontario. Bill 158, Protecting Vulnerable Road Users Act, 2017, is a private member’s bill which was introduced by former MPP Cheri DiNovo. It is intended to penalize drivers who violate Highway Traffic Act rules around driving while using a cell phone, driving while unlicensed, driving while intoxicated, speeding, careless driving, disobeying signs or lights at intersections or pedestrian crossings, proper signalling, sharing the road with other users, safety near emergency vehicles, […]

Jason Singer March 29, 2018 By Jason D. Singer

Why you should hire an OTLA Lawyer?

Jason Singer is on the OTLA Board of Directors. His blog was originally distributed in the March 28, 2018 edition of the OTLA newsletter. “Trying to decide which lawyer to hire to help you and your family following a car accident or other personal injury claim?  There are many excellent questions and considerations that should go into making this important decision.  Experience, reputation, price and comfort will likely be part of that decision-making process.  But another important question to ask is whether your prospective lawyer is a member of the Ontario […]

Jason Singer March 26, 2018 By Jason D. Singer

Douglas v. Stan Fergusson: Subrogated claims of a bankrupt insured

Did you ever wonder how an insurer can bring a subrogated claim where the insured goes bankrupt?  Probably not, but the answer turns out to be more complicated and controversial that you might think. In Douglas v. Stan Fergusson Fuels, the Ontario Court of Appeal convened a five judge panel which split 3-2, overturning the Divisional Court’s finding (after leave was granted) which had upheld the motion judge’s decision.   If you are counting, that is ten judges weighing in on this issue.  It is possible that Supreme Court may have […]

Nga Dang February 11, 2018 By Nga Dang

Ontario Trial Lawyers Association Case Summaries – February 4, 2018

Singer Kwinter’s Nga Dang highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA February 4th, 2018 newsletter. Liu v. The Personal Insurance Company et al, 2018 ONSC 324 (CanLII) This is a motion to withdraw an admission made during oral submissions at a previous summary judgment motion and to amend certain paragraphs of that summary judgment decision. Date Heard: December 8, 2017 | Full Decision [PDF] In June 2017, Sutherland J. heard a summary judgment motion brought by The Personal, the Plaintiff’s motor vehicle insurer, for a declaration that […]

Jason Singer October 13, 2017 By Jason D. Singer

Do you have a Fire Safety Plan?

This week from October 8 to October 14, 2017, marks Fire Prevention week across Canada. This year’s theme is “Every Second Counts : Plan 2 Ways Out!” Do you have a fire safety plan for your home? If you have a fire, how will you get out safely? How will you get your loved ones out? Where will you meet to make sure everyone is accounted for? What steps have you taken to prevent fires from occurring or spreading in your home? Chances are if you are like most Ontarians […]

Shane H. Katz August 21, 2017 By Shane H. Katz

Critical Disclosure in an Insurance Application

Written by Shane Katz / Insurance / August 17, 2017 Completing an application for life or disability insurance can be daunting. An applicant faces questions about their health history, addressing medical issues that the applicant may not fully understand or be aware of. The applicant may be inclined to answer the questions as quickly as possible or rely on a third party to answer the questions to hasten the completion of the application. As a result, most life and disability insurance claim denials are because of misrepresentations: non-disclosure of material facts on applications. Therefore an applicant must […]