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.
Overview In the decision of El-Khodr v Lackie 2015 ONSC 4766, the court decided that from January 1, 2015 onward, prejudgment interest will be calculated at the bank rate as opposed to the rate of 5% pursuant to Rule 53.10 of the Rules of Civil Procedure (the “Rules”). However, all actions beginning prior to January [...]
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, [...]
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 [...]
A man walked into a car rental office and rented a car. He was on a business trip. While driving the rented car, the man is involved in a collision with the plaintiff. The man’s insurer said that since the man was on business the real renter of the car was the man’s employer, and [...]
Smash! A small car is rear-ended by a tractor-trailer, and people are hurt. This is how a lot of “loss transfer” cases start. “Loss transfer” is a statutory mechanism which requires the insurer of a heavy commercial vehicle involved in a car accident to reimburse the insurer of the other vehicle (provided it is not [...]
It is not uncommon for claimants in car accident cases to be involved in multiple car accidents over the years. We can speculate why, but assuming the car accidents are legitimate, the insurers involved in each car accident have a problem when the benefits entitlements overlap. In a recent case, the second insurer in this [...]