The decision by the Ontario Court of Appeal in Baig v. The Guarantee Company of North America was released on December 5, 2007. The decision overturns a lower court decision that denied Guarantee the right to an examination under oath of its insured pursuant to the Statutory Conditions of the OAP1. This lower […]

The Court of Appeal has proven that logic is not dead! In a reversal of a lower court decision, the Ontario Court of Appeal has ruled that a go-kart, operated on a go-kart track, is NOT an automobile.  The decision in Adams v. Pineland Amusements Ltd. was released December 5th. The decision […]

FSCO has issued a cease and desist order against a SABS paralegal named Roland Spiegel.  This Order was recently challenged by Mr. Spiegel and the FSCO tribunal upheld the Order.  The decision can be found by clicking on the following link:
http://www.fstontario.ca/english/decisions/paralegal/R0301-2007-1.pdf

By Donna Ford from Claims Canada, August/September 2007
David McMichael admits to using cocaine before the accident, but claims he only used crack cocaine for the first time after a failed attempt to return to work following the crash.
David McMichael was a passenger in a taxi that was hit broadside in June of 1998. He was […]

By Donna Ford from Claims Canada, April/May 2007
 
Yes, says FSCO. But insurers hope for successful appeals against two recent FSCO arbitration decisions in slip-and-fall cases
Two recent arbitration decisions from the Financial Services Commission of Ontario (FSCO) are heading for appeal: Webb and Lombard General Insurance Company of Canada and Mariano and TTC Insurance Company Limited. […]

KIRK MAKIN From Globe and Mail, October 20, 2007 at 12:43 AM EDT
A Toronto motorist who suffered life-altering injuries when a boulder was dropped on his car by two intoxicated thrill-seekers cannot be compensated under their insurance policies, the Supreme Court of Canada ruled Friday.
The court said that it would twist insurance law and simple logic […]

OFFERS AND THE DEDUCTIBLES: NEW COURT OF APPEAL CASE
This case will change the way in which we draft offers to settle in motor vehicle tort cases. Offers must now apparently reflect the actual damages being offered before the deductibles are applied. To take advantage of the cost consequences we will have to run the […]

Todd McCarthy will argue an important motion on September 24 and 25 in a case that has received national attention. On behalf of The Personal Insurance Company, Todd will bring a motion before a Judge in Ottawa for a determination of a litigant’s right to trial by jury, notwithstanding the complexity of the evidence.
If […]