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 [...]
The Court of Appeal’s recent decision in 1318847 Ontario Ltd v Laval Tool & Mould Ltd clarified the court’s jurisdiction to award costs against non-parties. The Court concluded that its inherent jurisdiction to control its own process permits it to order costs against a non-party. Prior to this decision, the circumstances in which the courts [...]
By MARK COOMBS Student at Law Section 275 of the Insurance Act creates a loss transfer mechanism which allows an insurer of one class of automobile to be reimbursed by another insurer of a different class of automobile for all or part of an accident benefits claim. The “first party insurer” pays accident benefits to [...]