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.
In 1992, 79-year-old Stella Liebeck bought a cup of takeout coffee at a McDonald’s drive-thru in Albuquerque and spilled it on her lap. She sued McDonald’s and a jury awarded her nearly $3 million in punitive damages for the burns she suffered. This case became so famous that in 2011, it was the focus of [...]
In the recent decision D’Ettorre v. Coachman Insurance Co., 2012 ONSC 3613, the Ontario Superior Court of Justice on judicial review concluded that an assignment of a plaintiff’s Statutory Accident Benefits as part of a settlement of a tort claim was impermissible at law.
In the recent decision Jevco Insurance Co. v. Malaviya, 2013 ONSC 675, the Ontario Superior Court of Justice held that in the context of Ontario’s Standard Automobile Policy (OAP 1), a primary insurer has an ongoing duty to defend its insured, even where the insurer has offered to pay the policy limits.
Gordyukova v. Dominion of Canada General Insurance Co., 2012 ONCA 563, is an appeal from a decision of the Divisional Court on judicial review. The issue on appeal is the interpretation of the limitation period provision set out in s. 281.1(1) of the Insurance Act, R.S.O. 1990, c.i-8. My colleague, Ms. Forough Ghorbani, discussed the [...]
Martin v. Certas Direct Insurance Company et al., 2013 ONCA 19 In a recent decision, the Ontario Court of Appeal addressed the issue of whether the plaintiff, Martin, was entitled to statutory accident benefits and indemnity for damages for personal injuries under the unidentified/uninsured/underinsured provisions of his insurance policy with Certas Direct Insurance Company after [...]
McQueen v. Echelon General Insurance Company, 2011 ONCA 649 The Ontario Court of Appeal has confirmed that motor vehicle liability policies secure a psychological benefit that brings mental distress upon breach within the reasonable contemplation of the parties, and fall squarely within the category of insurance contract described in Fidler v Sun Life to which [...]