Insurance Claims

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Holiday Drinking and Social Host Liability

As the holidays approach, it is important to be aware of your legal responsibilities. As a host when serving alcohol at your home. For many years, the Supreme Court of Canada’s decision in Childs v. Desmormeaux, 2006 SCC 18, has been the leading case on social host liability. The case involved a drunk party guest who crashed head-on into another car. While he driving home from a private BYOB New Year’s Eve party. One of the passengers in the other car died and three others were seriously injured. The Supreme [...]

Dealing with a major fire loss or property claim? Read Alf Kwinters list of Top 10 Did You Know tips for policyholiders.

Insurance is truly a unique product. What else do we willingly pay for in hopes that we will never have to use it? This is particularly the case with home insurance. We gladly pay the annual premiums knowing that in the case of a fire loss we are protected. All too often, however, this is not the case. A person can pay premiums for years only to find out that once he or she has a fire loss, the insurance company is no longer his/her friend. Dealing with a major [...]

I’ve got replacement cost – so what is it?

Few people look at their home insurance policies -even fewer actually read them. If you do happen to read your policy the words you want to see are “Replacement Cost”or “Replacement Value”. And once you do see these words in your policy what do they tell you? Likely very little unless you understand insurance law. Yes, you get the cost of replacing the item but what cost? The cost you paid? The cost or value the item was worth at the time of the loss? Or the cost to replace [...]

Alf Kwinter Once Again Named to Best Lawyers® in Canada 2020

Singer Kwinter is proud to announce that our firm has been recognized in the 2020 edition of The Best Lawyers® in Canada. We would like to congratulate Alf Kwinter who has once again been selected by his peers for inclusion in the 2020 edition of Best Lawyers® in Canada as a leading legal practitioner in the areas of Insurance Law, Personal Injury Litigation and Medical Negligence. Best Lawyers® is considered by many as the "Gold Standard in Selecting a Lawyer". Congratulations to Alf for his continued dedication and this prestigious [...]

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 [...]