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Posts Categorized: insurance law

Fatal Accident in Aurora: Car vs. Motorcycle, Uninsured Status

A sad case arising from a car and motorcycle accident in Aurora, in which the motorcycle crossed the centre median and violently crashed head-on with a car, killing the front seat car passenger and injuring the car driver; the motorcyclist died at the scene. To complicate matters, the motorcyclist was driving without valid insurance coverage.

The damages claims of the car driver and car passenger were resolved, but on the issue of liability, the question remained as to whether the other two motorcyclists riding close to the offending motorcyclist were, in part, responsible for causing or contributing to this accident:Mallory v.… Continue Reading

Dutton Car Accident Due to Poorly Kept Road: $950,000 Case Dismissed

A good case for personal injury practitioners to review, as illustration of some of the complexities involved with claiming negligence (from a motor vehicle accident) against a municipality for failure to properly maintain their roads, including breaches of the Municipal Act, 2001 regulation, the Minimum Maintenance Standards for Municipal Highways: McLeod v. General Motors of Canada Limited et al., 2014 ONSC 134 (CanLII).

Justice Leach provides an extremely detailed and lengthy analysis of this action, in which a young adult female, alone in the car, drove off a quiet dirt and gravel road and suffered serious injuries as a result.… Continue Reading

Faster Lawsuits: Defence Tries to Force Plaintiff to Trial Within 3.5 Months of Starting Their Lawsuit

You won’t be given relief, unless you ask….

A pretty aggressive motion by the defendants, having apparently failed to slow down one set of plaintiffs (which was ordered to Trial by Judge Snowie) led to this motion to drastically speed up the lawsuits of two other sets of plaintiffs: Chen v. Ji, 2013 ONSC 7408 (CanLII).

All 3 sets of plaintiffs were involved in the same August 2011 motor vehicle accident in Ontario. The first set started their lawsuit early and were ready to go to Trial in Jan/2014.… Continue Reading

Ontario Security For Costs: Barrier for a Plaintiff’s Lawsuit

Security for costs motions are yet another road block that personal injury plaintiffs can expect if they live outside of Canada while their tort lawsuit is active. The theory being that if you live outside the jurisdiction and the defendant successfully defeats your lawsuit, then you will be a difficult target for the defendant to ‘chase’ for payment of their legal costs for having to defend your lawsuit.

In the recent case of Kurtz v. Carquest Canada Ltd., 2013 ONSC 7683 (CanLII), this arose in the context of a wrongful dismissal lawsuit, where after the alleged dismissal, the employee moved from Canada to live in the United States.… Continue Reading

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Big Win for Ontario Insurer: Bifurcation of Personal Injury Trial Ordered

Splitting a trial – between liability and damages – is a tactic which favours the defendant insurers. If you have a serious injury, can the defendant force you to go to Trial twice? Can the defendant de-risk the file in the face of a significant damages claim?

A new case that should cause plaintiff personal injury lawyers to shudder: Woodbury v. Woodbury, 2013 ONSC 7736 (CanLII)

If you have a serious injury, can the defendant force you to go to Trial twice?… Continue Reading

Seeking Protection from Your Insurance Policy > Duty to Defend Evaluated

The Issue

When should an insurance company respond to protect their insured? If a company is asked to produce extensive records to the Ministry of Environment regarding land they formerly owned – which would cost millions of dollars to search and provide those records – can this company seek the protection of their insurance company for these costs? What if the company complies willingly with the MOE request? Does that make a difference as to whether they are protected by their insurance policy? Companies or individuals are sometimes the recipients of letters from third parties, such as governmental agencies, requesting that the company or individual take certain actions.

The issue which arises is whether or not the costs of complying with these request letters is compensable from an insurance policy under its “duty to defend or investigate”?… Continue Reading

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