“Learn from yesterday, live for today, hope for tomorrow” – Albert Einstein. Rogers Partners wishes you a happy, healthy, and successful New Year! We hope you’re enjoying the RP Blog. We’ll have lots of updates in 2020!
In Rooplal v. Fodor, 2019 ONSC 7211, the Divisional Court agreed with the decision of the motion judge, Justice Chiappetta, that the limitation period for claims for uninsured automobile coverage only begins to run when the plaintiff makes a claim for indemnity to the insurer and the insurer fails to satisfy the claim (the day after […]
Last week, the Supreme Court of Canada released a landmark decision which outlines a new test for the standard of review of decisions made by administrative bodies and tribunals. Brian Sunohara has written an article called “Standard of Review of Administrative Decisions: How the Supreme Court’s New Decision Applies in Ontario“. The article contains highlights of […]
At our muffin meeting, we discussed a Divisional Court decision which those who handle statutory accident benefits claims have been waiting for. A previous decision of the Financial Services Commission of Ontario caused a great deal of controversy. The arbitrator held that the Minor Injury Guideline (“MIG”) in the Statutory Accident Benefits Schedule was unconstitutional because […]
A decision released by the Court of Appeal yesterday addresses the principles of punitive damages. In Cable Assembly Systems Ltd. v. Barnes, 2019 ONCA 1013, the Court of Appeal noted that punitive damages should only be awarded on an exceptional basis for “malicious, oppressive and high-handed misconduct that offends the court’s sense of decency”. Further, punitive […]
As the year draws to a close, all of us at Rogers Partners would like to wish you a safe and happy holiday season! Thank you to everyone for a great 2019! We’re looking forward to 2020!