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Ontario Trial Lawyers Association Case Summaries – March 24, 2019

Singer Kwinter’s Nga Dang highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA's March 24, 2019 newsletter. Peter B. Cozzi Professional Corporation v. Szot, 2019 ONSC 1274 (CanLII) Full Decision (PDF) The plaintiff, Mr. Nguyen, through his Litigation Guardian, commenced an action in 2007 against the defendant for injuries sustained in a motor vehicle accident. Mr. Nguyen obtained an After-the-Event (“ATE”) policy in the amount of $100,000 from DAS Legal through his lawyer, Peter Cozzi. Mr. Nguyen lost on the threshold issue at trial and was [...]

Ontario Trial Lawyers Association Case Summaries – August 19, 2018

Singer Kwinter’s Nga Dang highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA August 19, 2018 newsletter. Adatia v. Cassar, 2018 ONSC 4321 (CanLII) This is a motion for summary judgment by the Defendant on liability in an action arising from a motor vehicle collision – the Court provides useful comments for cross-examinations on affidavits filed supporting the motion.   Date Heard: June 7, 2018 | Full Decision [PDF] The Defendant brings this motion for summary judgment, asking the Court to determine the issue of liability in his favour [...]

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, [...]

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 [...]

Ontario Trial Lawyers Association Case Summaries – December 16, 2016

Fontanilla v. Thermo Cool Mechanical, 2016 ONSC 7023 (CanLII) An unsuccessful motion to add defendants more than 4 years after the incident with helpful comments about reasonable due diligence. Released December 8, 2016 | Full Decision [CanLII] This action arose from injuries suffered by the late Felisa Fontanilla. On January 31, 2011, Mrs. Fontanilla was preparing to take a bath in her apartment. While in the bathtub, she turned on the hot and cold water taps when suddenly the chrome diverter spout of the faucet burst, spraying scalding water all [...]

By | 2016-12-20T15:01:24+00:00 December 20th, 2016|Blog, Groundbreaking Law, Insurance Claims, Personal Injury|0 Comments

How self-driving cars will drastically change the insurance industry and our laws

With the pending arrival of autonomous vehicles, are the insurance industry’s days numbered? It would seem that way. Self-driving cars have the potential to save lives and save consumers money in premiums – and experts say the industry must change drastically and be creative with its products to survive. “Anything that makes cars safer is very pro-social and bad for the auto insurance industry,” Warren Buffett told CNBC in May. His company, Berkshire Hathaway, owns insurance giant Geico. “If there are no accidents, there is no need for insurance.” Read [...]

By | 2016-11-03T16:44:06+00:00 November 3rd, 2016|Blog, Groundbreaking Law, Insurance Claims, Personal Injury|0 Comments

Ontario Trial Lawyers Association Case Summaries – October 21, 2016

Aviva Insurance Company of Canada v. McKeown, 2016 ONSC 6017 (CanLII) SABS insurers must provide a specific reason for an EUO request before being entitled to it. Released September 26, 2016 | Full Decision [CanLII] This application was brought by Aviva as a test case on the issue of whether a justification is required to compel an insured to attend an examination under oath (“EUO”) if the insurer requests one pursuant to subsection 33(2) of the Statutory Accident Benefits Schedule (“SABS”). This application named six SABS claimants as respondents, arising [...]

By | 2016-10-21T19:17:42+00:00 October 21st, 2016|Blog, Groundbreaking Law, Singer Kwinter news|0 Comments