Damages for accelerated depreciation from tortfeasor are not recoverable under Ontario's no-fault insurance scheme

Ontario’s no-fault insurance scheme precludes a vehicle owner from recovering damages for accelerated depreciation from the tortfeasor who is responsible for damaging the said vehicle. A party cannot rely on the law of bailment to circumvent the no-fault scheme where the true cause of action is in tort.

Keyhani v. Downsview Chrysler Toronto, [2016] O.J. No. 20, Court File No. SC-13-24083-0000, Ontario Superior Court of Justice - Small Claims Court, Toronto, Ontario, January 4, 2014, J.C.F. Hunt Deputy J.

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Ontario Court of Appeal granted relief from forfeiture to insureds from non-compliance with statutory reporting requirements

Statutory reporting requirements under Ontario's Uninsured Automobile Coverage Regulation are not conditions precedent akin to limitation periods. The Courts may grant relief from forfeiture to insureds who have failed to comply with these requirements.

Dams v. TD Home and Auto Insurance Co., [2016] O.J. No. 26, 2016 ONCA 4, Ontario Court of Appeal, January 6, 2016, R.A. Blair, C.W. Hourigan, and D.M. Brown

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"Faulty workmanship" exclusion didn't apply for resulting damage

The exception for resulting damage was read in to the exclusion clause for “the cost of faulty workmanship” where the exclusion clause was silent on the resulting damage.

Monk v. Farmers' Mutual Insurance Co. (Lindsay), [2015] O.J. No. 6849, 2015 ONCA 911, Ontario Court of Appeal, December 23, 2015, K.N. Feldman, E.A. Cronk and G. Huscroft JJ.A.

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Contractual one year limitation period in an insurance policy was deemed enforceable

A contractual one year limitation period which began to run from the date the "loss or damage" occurred applied to bar an insured's action against an insurer seeking a declaration that it owed the insured a defence.

Daverne v. John Switzer Fuels Ltd., [2015] O.J. No. 6853, 2015 ONCA 919, Ontario Court of Appeal, December 24, 2015, A. Hoy A.C.J.O., J.L. MacFarland and P.D. Lauwers JJ.A.

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The legal causation test for statutory accident benefits is the "but for" test

Despite language indicative of the "material contribution" causation test, the legal causation test for statutory accident benefits is the "but for" test.

Kozhikhov v. Insurance Corp. of British Columbia, [2015] B.C.J. No. 2785, 2015 BCCA 515, British Columbia Court of Appeal, December 17, 2015, M.E. Saunders, D.M. Smith, and A.W. MacKenzie JJ.A.

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Marketability of a property is affected by municipal work orders even if they are not registered against title of the property

Municipal work orders do not need to be registered against title to affect the marketability of the property.

MacDonald v. Chicago Title Insurance Co. of Canada, [2015] O.J. No. 6350, December 3, 2015, Ontario Court of Appeal, E.A. Cronk, C.W. Hourigan, M.L. Benotto JJ.A. Continue Reading...

Insured who suffered injury two days prior to expiration of waiting period was not entitled to benefits under a Group Insurance policy

There was no coverage for insured who suffered injury two days prior to expiration of waiting period for coverage under group disability policy.

Funk v. Blue Cross Life Insurance Co., [2015] M.J. No. 294, November 20, 2015, Manitoba Court of Queen's Bench, R.A. Dewar J. Continue Reading...

Allegation of negligence for failing to hire a competent contractor to remove trees from recreational property fell within coverage for

The insureds applied for a declaration that their insurer had a duty to defend them in an action where the plaintiff was injured by a tree that was being removed on an uninsured property owned by the insureds. The court found the insurer had a duty to defend the insureds because the true nature of the allegation that the insureds were negligent for failing to hire a competent contractor was a claim arising out of the actions of an individual and was covered under the insured's homeowner's policy which provided coverage for "personal actions anywhere in the world."

Hill v. Intact Insurance Co., [2015] O.J. No. 5898, November 10, 2015, Ontario Superior Court of Justice Ottawa, Ontario, P.E. Roger J.

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Appeal court reduced punitive damages award against a disability insurer

Long term disability insurer's appeal of a punitive damages award of $500,000 allowed in part. The Court of Appeal upheld the finding of entitlement to punitive damages but reduced the punitive damages award to $60,000.

Industrial Alliance Insurance and Financial Services Inc. v. Brine, [2015] N.S.J. No. 486, November 17, 2015, Nova Scotia Court of Appeal, J.E. Fichaud, L.L. Oland and J.E. Scanlan JJ.A.

Appeal court reduced punitive damages award against a disability insurer

Long term disability insurer's appeal of a punitive damages award of $500,000 allowed in part. The Court of Appeal upheld the finding of entitlement to punitive damages but reduced the punitive damages award to $60,000.

Industrial Alliance Insurance and Financial Services Inc. v. Brine, [2015] N.S.J. No. 486, November 17, 2015, Nova Scotia Court of Appeal, J.E. Fichaud, L.L. Oland and J.E. Scanlan JJ.A.

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