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 Aug 27, 2018 6:00 PM
by Gurpreet Farmaha

The decision in E.E v Aviva Insurance Company, 2018 CanLII 76415 (ON LAT) deals with a request for reconsideration by the respondent of parts of the decision issued by the Tribunal, including the finding that the applicant was entitled to attendant care benefit (including 24 hour supervisory care) alleged to have been provided by his wife, a registered PSW and RPN. At reconsideration, Associate Chair Stephen Jovanovich, agreed with the Tribunals analysis of “incurred”, and found that the test was satisfied under section 3 (7)(e) of the Schedule.

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Accident Benefits, Courts, Legislation / Regulation, News  
  

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 May 14, 2018 4:00 PM
by Lindsay Woods

In Youn v 1427062 Alberta Ltd. , the Alberta Court of Queen’s Bench considered risk shifting in the context of a commercial lease.

In this subrogated matter, the appellant landlord...

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Courts, Property  
  

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 Mar 29, 2018 9:00 AM
by Neil Colville-Reeves

What do you do at work that is considered ‘under the direction’ of your employer?

The answers to this question are endless. A more interesting question: what do you have...

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Courts, Coverage  
  

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 Mar 29, 2018 9:00 AM
by Mauro D'Agostino

A three-member panel of the Court of Appeal held that the Consumer Protection Act (CPA), specifically sections 7 and 9, undermine section 3 of the Occupiers’ Liability Act (OLA) and,...

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 Mar 27, 2018 3:00 PM
by Mauro D'Agostino

In the decision of The Dominion of Canada General Insurance Company v. Unifund Assurance Company , the Court of Appeal has confirmed that the standard of review applicable in priority...

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Accident Benefits, Arbitrations, Courts  
  

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 Mar 23, 2018 9:00 AM
by Neil Colville-Reeves

Reconciling Inconsistent Policy Documents through Rectification

The recent Court of Appeal decision in Alguire v. Manulife provides a helpful primer (and reminder) on the law of rectification, an...

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 Mar 19, 2018 9:00 AM
by Neil Reeves

What’s In a Name?

Plenty. Particularly if you are an insurer attempting to advance a subrogated claim and your insured is in bankruptcy protection proceedings. This was the...

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 Jan 25, 2018 10:00 AM
by Dan Inkpen

In the Superior Court of Justice matter of Jones v. I.F. Propco Holdings (Ontario) 31 Ltd., the defendant sought an order for production of the plaintiff’s private profile information including profile posts and comments.

 

The action arose out of an alleged incident in which the plaintiff claims that she was hit in the head by ice that fell from the defendant’s property. The plaintiff was seeking general and special damages arising from the injuries sustained in the incident.

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Courts, News  
  

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 Oct 17, 2017 10:00 AM
by Dan Inkpen

In Melo v. Northbridge Personal Insurance Corporation , Justice Croll, writing for The Divisional Court, confirmed that pursuant to s. 11(6) of the License Appeal Tribunal Act , an appeal...

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