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Posts Categorized: court civil procedure

Insurer Denies $1M Coverage for Renewing Ontario Driver’s License 4 Months Late

The Issue: Many people have forgotten to renew their driver’s license in time, being notified only when they are stopped by police on a routine traffic check or have to use their Driver’s License as identification to apply for car insurance or some other service.

Why This Matters

Most people would not imagine that their insurer would seek to void their insurance coverage – denying them $1 million in insurance coverage – for this type of ‘honest’ mistake. Particularly when the payment of the car insurance premiums has been up to date.… Continue Reading

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Toronto Dog Attack: Motion to Dismiss Denied

The Issue: In Ontario, dog owners have responsibility to manage their dogs in public and to ensure the safety of other people, primarily by leashing and controlling their dogs while outdoors. There is legislation, called the Dog Owners’ Liability Act which imposes statutory responsibilities against owners.

Why This Matters

Dog owners should have a homeowner’s insurance policy which protects them if their dog bites or attacks someone or, inadvertently while playing with another dog, causes injury or frightens another person.


This Case Situation

In the case of Elbaum v.Continue Reading

Administrative Dismissals: Trouble for Plaintiff Solicitors

The Issue: As part of the overall case management system by the Court, the administrative dismissal system has created another timeline for busy plaintiff solicitors to manage.

Why This Matters

The advent of administrative dismissals, and recent caselaw illustrating the importance of dealing with these notices (and dismissals) quickly, has led to a spate of challenges by defence counsel when an administrative dismissal is issued by the Court.

Such was the situation in this recent contested motion to set aside an administrative dismissal in the face of an action which was active at the time the administrative order was issued: Cundle v.… Continue Reading

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It’s OK When Insurers Fight Over Our Case: Markham Slip and Fall on Icy Sidewalk > Broken Ankle

One of our cases recently came to a hard fought motion wherein the two insurance companies defending our client’s lawsuit were arguing over whether there was a duty to defend under the policy of insurance as between the two insurers. This case involved our client who unfortunately was badly hurt after a slip and fall on a Markham city sidewalk, suffering a nasty fractured ankle requiring surgery and extensive hardware: Zhou v. Town of Markham: Zhou v. Town of Markham, 2014 ONSC 435 (CanLII).Continue Reading

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Motion for Refusing to Answer Questions at Examinations for Discovery: Factors to Consider

In civil litigation, party litigants must proceed to the question-answer process of an Examination for Discovery, during which time many questions will be asked of a party.

The issue of whether you “must” or “have to” answer a specific question very frequently arises. Specifically, plaintiffs often wonder whether a series of questions improperly inquires about personal / intimate matters or whether the questions are off-base from the subject matter of the lawsuit. For example, many of my clients initially wonder “why are they asking me about that, aren’t we talking about how they caused this car accident?”.… Continue Reading

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Insurers Fight to Avoid Paying Accident Benefits: Ontario Car Accident

The Issue: If you are riding in a friend’s car and are hurt in a car accident, then do you apply to your friend’s car insurer for Accident Benefits or do you apply to your own insurer?

Why This Matters: No one likes to make a claim against their own insurance company, as everyone generally is concerned about their car insurance premiums increasing.

So if your car is sitting at home and your friend gives you a ride, if you are hurt, whose insurance company will pay your Accident Benefits?… Continue Reading