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Ontario Trial Lawyers Association Case Summaries – July 7, 2019

Singer Kwinter’s Nga Dang highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA's July 7, 2019 newsletter. 2343697 Ontario Inc. v. Aviva Insurance Company of Canada, 2019 ONSC 3016 (CanLII) Full Decision The Defendants succeeded on a motion for an order requiring that the Plaintiffs appoint an appraiser pursuant to s. 128(5) of the Insurance Act. On November 24, 2014, the Plaintiffs suffered property damage at their cottage due to inclement weather conditions. The Plaintiffs submitted a proof of loss dated May 19, 2015. [...]

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, [...]

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 [...]

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 [...]

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 [...]

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 [...]

By | 2017-08-21T17:57:43+00:00 August 21st, 2017|Blog, General, Insurance Claims|0 Comments

Ontario Trial Lawyers Association Case Summaries – March 17, 2017

Shaw v. Mkheyan, 2017 ONSC 851 Written by Susan Dhaliwal / Summaries / March 17, 2017 This is a threshold motion in which the plaintiff had pre-existing osteoarthritis in his left knee. The plaintiff was successful in establishing the subject car accident caused his asymptomatic left knee to become symptomatic and thus his injuries met threshold. Released February 8, 2017 | Full Decision [CanLII] On January 30, 2017, the jury returned its verdict and awarded $54,500 for general damages, zero for past income loss, $0 for pension loss, $22,500 for [...]

By | 2017-03-17T21:35:59+00:00 March 17th, 2017|Blog, General, Insurance Claims, Personal Injury|0 Comments

Ontario Trial Lawyers Association Case Summaries – March 17, 2017

Pupo v. Venditti, 2017 ONSC 1519 Written by Susan Dhaliwal / Summaries / March 17, 2017 The jury awarded $150,000 for pain and suffering damages where the Plaintiff suffered from chronic pain and had returned to work. After the jury delivered its verdict, defence counsel brought a threshold motion which was dismissed by the court. Released March 6, 2017 | Full Decision [Document Bank] On March 2, 2017, the jury returned its verdict and awarded $150,000 for general damages and zero for past and future housekeeping. After the jury delivered [...]

By | 2017-03-17T21:26:12+00:00 March 17th, 2017|Blog, Insurance Claims, Personal Injury|0 Comments