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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. [...]

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 [...]

Ontario insurers continue to profit from victims of arson

A string of disturbing cases has highlighted a troubling trend of injustice for Ontario homeowners who are victims of arson. Collingwood After a heated argument, a Collingwood woman told her husband that their marriage was over. In response, he set fire to their bedroom, causing $160,000 in damage to the house. Thankfully, no one was hurt. When she attempted to claim her insurance coverage to pay for repair costs to her home, her claim was denied. Allstate had placed an exclusion in the policy which prevented claims resulting from intentional [...]

By | 2017-06-08T20:21:52+00:00 June 8th, 2017|Blog, Personal Injury, property loss|0 Comments

Ontario Trial Lawyers Association Case Summaries – April 26, 2017

Soczek v. Allstate Insurance Co., 2017 ONSC 2262 Written by Nga Dang / Summaries / April 26, 2017 Although the Defendant succeeded on its summary judgment motion to dismiss a property loss action, Morgan J. comments on the inequity of the exclusion clause and awarded no costs. Released April 13, 2017 | Full Decision [CanLII] In this tragic case, the Plaintiff’s husband burned down their home when he poured gasoline on her and lit her on fire in an attempt to kill her. The Plaintiff suffered serious injuries and burns [...]

By | 2017-05-01T19:01:33+00:00 May 1st, 2017|Blog, General, Personal Injury, property loss|0 Comments