On Sept. 19, 2017, Ontario insurers took home two big wins from the Court of Appeal. The judgments, from two separate cases collectively dubbed Khodr & Cobb, will result in significant changes to the damages side of MVA tort cases.
The plaintiff and counsel may have a lot of explaining to do on a misnomer motion. This burden was confirmed by the Divisional Court in Brown-Vidal v. Doe 2016 ONSC 4359, an appeal from the order of Master Haberman.
Due diligence is not a separate basis for determining whether a limitation period has expired. So says the Ontario Court of Appeal in Fennell v. Deol 2016 ONCA 249, a recent decision arising out of a motor vehicle accident and a claim issued outside of the two-year limitation period.
By MARK COOMBS, Student at Law Be careful who you trust with your car keys. The older approach taken by the Court of Appeal in Newman and Newman v. Terdik,  O.R. 1 (C.A.) gave owners a break by not making them vicariously liable where an operator drove outside the scope of the permission given, [...]
In the face of the trend in litigation towards an ever greater reliance on expert evidence, the recent Ontario Court of Appeal decision in Meady v Greyhound Canada Transportation Corp. 2015 ONCA 6 (“Meady”) upholding a trial judge’s decision to exclude the evidence of two of the plaintiffs’ expert witnesses on the grounds that their [...]
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 [...]
The recent Ontario Superior Court decision of Azzopardi v. John Doe and The Personal Insurance Company [“Azzopardi”] appears to to lower the threshold for the types of corroborative evidence that Ontario courts will accept when considering a party’s entitlement to under-insured coverage in accidents involving unidentified vehicles. Under-insured motorist coverage where an unidentified motorist is [...]
Karen Martin was away from home one weekend and her son, Randy, took her car and was involved in a tragic accident that killed two young persons and seriously injured two others. Randy was criminally charged and pleaded guilty. The criminal case included an admission by Randy that he was driving his mother’s car without [...]