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Ontario Trial Lawyers Association Case Summaries – December 16, 2018

Singer Kwinter’s Nga Dang highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA's December 16, 2018 newsletter. Ismail v. Fleming, 2018 ONSC 6615 (CanLII) This was a trial on damages for a motor vehicle accident which occurred in 2009, as liability had been admitted. The trial began on October 1, 2018 and continued until October 31, 2018, at which time the trial judge, Justice Leach, declared a mistrial. In Justice Leach’s lengthy decision, he emphasizes the vital importance of accurate trial duration estimates to the efficient [...]

By | 2018-12-19T15:37:46+00:00 December 19th, 2018|General|0 Comments

Ontario Trial Lawyers Association Case Summaries – December 10, 2018

Singer Kwinter’s Nga Dang highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA December 9, 2018 newsletter. Aviva Canada Inc. v. Sidhu, 2018 ONSC 6506 (CanLII) As a result of a motor vehicle accident in 1996, Mr. Sidhu received IRBs until September 1996 when Aviva sent him a letter stating that he was not entitled to further benefits. The letter noted that mediation was the next step and included a copy of section 64 of the Statutory Accident Benefits Schedule – Accidents after December 31, 1993 [...]

By | 2018-12-12T14:58:32+00:00 December 12th, 2018|General|0 Comments

Alf Kwinter & Jason Singer Recognized in the 2019 edition of Best Lawyers® in Canada

Singer Kwinter is proud to announce that Alf Kwinter and Jason Singer have once again been selected by their peers for inclusion in the 2019 edition of  Best Lawyers® in Canada as leading legal practitioners Alf has been recognized in the areas of Insurance Law, Personal Injury Litigation and Medical Negligence. Jason has been recognized in Insurance Law and Personal Injury Litigation. Best Lawyers® is considered by many as the "Gold Standard in Selecting a Lawyer". Congratulations to Alf and Jason for their hard work and this prestigious recognition in the Canadian legal community. Alf Kwinter was recognized as [...]

By | 2018-08-21T08:00:03+00:00 August 21st, 2018|alfred kwinter, General, Newsletter|0 Comments

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. [...]

By | 2018-07-04T16:38:44+00:00 July 4th, 2018|Accident prevention, claims, General, Groundbreaking Law, Insurance Claims, Personal Injury, Singer Kwinter news|Comments Off on Ontario Trial Lawyers Association Case Summaries – July 1, 2018

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, [...]

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 [...]

By | 2018-06-24T14:50:36+00:00 June 24th, 2018|General|Comments Off on GETTING LEGAL: Ride Safe this Summer

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, [...]

By | 2018-05-29T13:37:07+00:00 May 29th, 2018|General|0 Comments

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 [...]

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 [...]