January 03, 2023
The Financial Services Regulatory Authority of Ontario has released the updated deductible amounts in motor vehicle accident claims. In 2023, the deductible for damages for non-pecuniary loss is $44,367.24 where such damages do not exceed $147,889.59. The deductible for damages under section 61(2)(e) of the Family Law Act (loss of guidance, care and companionship) is […]
November 01, 2022
The decision of Kolapully v. TTC et al., 2022 ONSC 6024, involved an accident between a pedestrian and a bus. At trial, the plaintiff was awarded $150,000 for past loss of income (after accounting for contributory negligence). The plaintiff had previously received over $95,000 in non-earner benefits in an accident benefits claim. The defendants argued that […]
July 16, 2022
At our weekly meeting, Michael Kryworuk discussed the court’s decision in Aditi v. Doe, 2022 ONSC 4049. Michael has written the following summary of the decision. History of the Litigation This case involved a dispute between a motorist and her insurer. The plaintiff, Ms. Aditi, was insured by Intact. The automobile policy provided $200,000 in […]
June 15, 2022
By Emily Vereshchak In Chaboyer et al v. Gill et al, 2022 ONSC 3452, the Court analyzed the details of the plaintiff’s living circumstances to determine whether she could be classified as an “eligible claimant” and make a claim pursuant to an OPCF 44R Family Protection Endorsement in an insurance policy held by her mother. […]
February 08, 2022
In Dagenais v. Pellerin, 2022 ONCA 76, the Court of Appeal rejected an employer’s argument that it was not vicariously liable for a motor vehicle accident. The employee was a cement finisher who had been instructed by his supervisor to travel to a job site two hours away. While traveling to the job site, the employee […]
August 25, 2021
One of the issues in Rumney v. Nelson, 2021 ONSC 5632, was whether the jury should be advised of the statutory deductible in a motor vehicle accident trial. Justice Fowler Byrne confirmed that the jury should not be so advised. Section 267.5(7) of the Insurance Act indicates that damages for non-pecuniary loss shall first be […]
