January 30, 2022
By Kayley Richardson In Hemlow Estate v. Co-operators General Insurance Company, 2021 ONCA 908, the Ontario Court of Appeal dismissed an insurer’s appeal of a coverage application decision, in which the application judge had held that the insurer had a duty to defend the insured. Background Mr. Hemlow had been a sole proprietor who carried […]
January 19, 2022
By Kathryn Orydzuk In Sanson v. Paterson/Security National Insurance Company, 2022 ONSC 276, the plaintiff brought a motion to strike the defendant’s jury notice on a conditional basis. The matter was scheduled to proceed to trial on January 17, 2022. Overview The decision of Justice Dow, released on January 12, 2022, engages in a review […]
January 18, 2022
In Branton et al v. 2008422 Ontario Ltd. c.o.b. as Euro-Ex, 2021 ONSC 7548, the defendant brought a summary judgment motion in an occupiers’ liability claim. The plaintiffs brought a cross-motion seeking a finding of liability against the defendant. The defendant was engaged in road construction work on the street where the plaintiffs lived. At the time […]
January 13, 2022
By Jennifer Singh In Paterson v. Gilbert, 2021 ONSC 8469, the plaintiff, Steven Paterson, brought a motion to consolidate three purportedly related actions. Justice Marvin Kurz granted the plaintiff’s motion in part. Overview The three actions that the plaintiff sought to consolidate were: The “MVA Action”, Stuart v. Paterson, Intact Insurance Company and Western Assurance Company, wherein the […]
January 10, 2022
The Divisional Court’s decision in Varriano v. Allstate, 2021 ONSC 8242, demonstrates the importance of insurers providing medical reasons for terminating income replacement benefits in statutory accident benefits claims. Allstate paid the claimant income replacement benefits between October 7, 2015 and December 2, 2015. On December 30, 2015, Allstate sent to the claimant an Explanation of […]
January 05, 2022
By Erin Crochetière In David v. Loblaw[1] the Ontario Superior Court partially certified a class action against retailers and producers of packaged bread. One of the issues addressed by the Court was whether the plaintiffs’ claims against parent corporations of the bread producers met the requirements for certification. Overview The plaintiffs claim that the defendants […]