Defense counsel that represented the Intact Insurance for the applicant’s claim for accident benefits is not supposed to represent the same insurer to defend the Tort claim against the defendant. The remedy to resolve the above potential conflicts of interest: Plaintiff can file a motion to the ONSJ removing the same defense counsel from representing … Read More
State Farm Mutual Automobile Insurance Company v. Old Republic Insurance Company of Canada, 2014 ONSC 3887 -On November 8, 2007, there was a multi-vehicle accident at the intersection of Mavis Road and Eglinton Avenue in Mississauga. -Bradley Flewelling was the driver of a truck owned by Pepsi Bottling Company and insured by Old Republic Insurance. … Read More
<Mikolic v. Tanguay 2016 ONSC 71> -This case represents no double recovery is allowed in the motor vehicle tort awards. -S.267.8 of the Insurance Act was enacted for the purpose of eliminating double recovery in the tort recovery. -The trial judge declined to deduct the statutory accident benefits settlement amount accepted by the plaintiff for … Read More
Camarata, Personally and as Executor and Trustee of the Estate of Camarata, Deceased, et al. v. Morgan et al. (Court of Appeal for Ontario, Doherty, Weiler and MacFarland JJ.A. January 19, 2009) – The deceased sustained serious injuries when he was struck by a fire truck, and died several months later. -The deceased’s estate commenced … Read More
Ontario Regulation 381/03 states comprehensive definitions and procedures that must be followed for determining whether or not the plaintiff’s threshold has been met. “Permanent serious impairment of an important physical, mental or psychological function” means impairment of a person that meets the criteria set out in section 4.2. 4.2 (1) A person suffers from … Read More
S. 267.5 (5) of the Insurance Act protects the defendants from their liability for the plaintiff’s pain and suffering in the motor vehicle Tort action. In order for the plaintiff to be entitled to recover his general damages for his pain and suffering, he must satisfy the court that he has sustained “permanent serious impairment … Read More
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