Forough Ghorbani
OOPS. SORRY. I THOUGHT HE HAD A DRIVER’S LICENSE
How cautious does someone have to be when allowing a friend or employee borrow their car? Do you need to ask to see their driver’s license and check the expiry date to ensure that your insurance policy will cover you for any potential accidents? The recent case Wawanesa v. S.C. Construction Ltd.¹ demonstrates that the [...]
CHANGING HORSES MIDSTREAM
Gordyukova v. Certas Direct Insurance Company, 2011 ONSC 6535 This recent Divisional Court decision provides that issues within accident benefits claims can be continued within the context of an arbitration or a court action provided that both proceedings were commenced within the applicable limitation period under the Insurance Act, R.S.O. 1990, c.1-8. Julia Gordyukova was [...]
YOU CAN’T SPELL CATASTROPHIC WITHOUT CA
On December 23, 2011 the Ontario Court of Appeal released a decision which has clarified the method by which catastrophic impairment may be assessed under the Statutory Accident Benefits Schedule (SABS). The case, called Kusnierz v. Economical Mutual Insurance Co., deals with the situation where a person’s injuries do not fall under one of the [...]
THE MORNING AFTER THE NIGHT BEFORE: WHEN IS ZERO TOLERANCE NOT?
In violation of a statutory condition of his insurance policy, a young man with a G2 license was driving with a blood alcohol level over one and a half times the legal limit. The young man was involved in a car accident. His passengers were injured and they sued. His insurance company, RBC, denied coverage. This denial, however, would not withstand the scrutiny of the courts and [...]