The Ontario Superior Court of Justice held in April, 2015, that recent amendments to the rules for calculating prejudgment interest apply retroactively. The amendments apply to car accident injury cases that were already before the courts when the Ontario Legislature changed the rules on Jan. 1, 2015. The result is that lower prejudgment interest rates [...]
To succeed in an occupier’s liability claim, a plaintiff must be able to point to some act or failure to act on the part of the occupier that caused the plaintiff’s injury. An occupier need not remove every possible danger – the standard of care is one of reasonableness and not perfection.
Where an automobile is leased or rented and involved in a motor vehicle accident, section 277(1.1) of the Insurance Act, sets out the order in which insurance policies are to respond. The section states that “the third party liability provisions of any available motor vehicle liability policies shall respond” in the following order: insurance available [...]
Back in September, Colin Chant enlightened us on the topic of insurance coverage where an insured drives without a licence. Justice Wood of the Superior Court of Justice concluded that Barbara Kozel, a 77-year-old who had severely injured a motorcyclist in a motor vehicle accident in Florida, was entitled to insurance coverage even though she [...]