Ruling on a question of law – is a severance package received by the plaintiff deductible from the amount awarded for past and future loss of income.  The court found that the private insurance exception to the general rule against double recovery was applicable and the severance package was not deductable from any amount awarded for loss of income.

Flammia v. Hagerman, [2014] O.J. No. 6336, December 17, 2014, Ontario Superior Court of Justice, G. Mew J.

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The defendants brought a summary judgment application to have the plaintiff’s action dismissed as barred by the Limitations Act, 2002, S.O. 2002, c. 24, on the basis the plaintiff’s action was commenced two years and 21 days after the motor vehicle accident at issue.  The court dismissed the defendants’ limitation defence on the basis the plaintiff did not subjectively nor objectively know that her injuries were permanent in the 21 day period after the accident.

Zhu v. Matadar, [2015] O.J. No. 78, January 8, 2015, Ontario Superior Court of Justice, P.M. Perell J.

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Summary judgment application to determine the meaning of the word “load” in the following exclusion clause:  “The weight of the load exceeding the registered lifting or supporting capacity of any machine.”  The insured owned an articulating boom lift that was damaged when the operator used the boom in an attempt to lever the lift out of mud in which it was stuck.  The court concluded the word “load” meant more than the weight in the manbasket and would include external resistance being applied to the lift or overall force to which the lift was being subjected.  Accordingly, the exclusion clause was engaged and the insured’s claim was dismissed.

Aspen Interiors Inc. v. Wawanesa Mutual Insurance Co., [2015] S.J. No. 25, January 5, 2015, Saskatchewan Court of Queen's Bench, R.S. Smith J.

 

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The insured was granted relief from forfeiture for failing to meet the contractually imposed deadline for submitting a claim for long term disability benefits.

Dube v. RBC Life Insurance Co., [2015] O.J. No. 42, January 7, 2015, Ontario Superior Court of Justice, M.A. Garson J.

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The appeal of a decision finding that the contractual limitation period in a disability insurance policy was ambiguous and therefore unenforceable was dismissed.

Kassburg v. Sun Life Assurance Co. of Canada, [2014] O.J. No. 6222, December 29, 2014, Ontario Court of Appeal, D. Watt, K.M. van Rensburg and G.I. Pardu JJ.A.

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The applicant homeowners’ summary judgment application brought against their title insurer for breach of contract and breach of good faith was dismissed on the basis that the loss was not covered.

MacDonald v. Chicago Title Insurance Co. of Canada, [2014] O.J. No. 6190, December 29, 2014, Ontario Superior Court of Justice, J. MacDonald J.

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A decision that an insurer’s denial of benefits provided incomplete reasons for the denial as it did not enclose the report of a medical examiner relied on for the denial and that the limitation period did not start to run was held to be reasonable on judicial review.

Allstate Insurance Co. of Canada v. Klimitz, [2014] O.J. No. 5943, December 12, 2014, Ontario Superior Court of Justice, F.N. Marrocco, J.M. Spence and C.J. Horkins JJ.

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Soil that is contaminated by a heating oil spill is not insured property under a policy of property insurance. Further, the doctrine of imminent peril does not apply to the clean-up costs as the risk of oil vapours is not an imminent peril and damage is not inevitable.

Garden View Restaurant Ltd. v. Portage La Prairie Mutual Insurance Co., [2014] N.S.J. No. 675, December 22, 2014, Nova Scotia Supreme Court, M. Stewart J.

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Contractual limitation period for making a claim against an excess motor vehicle insurer began to run from the time the insured had accumulated a body of evidence which would give him a reasonable chance of demonstrating that his claim exceeded the limits. Further, it was equitable in the circumstances that the insured was granted a four year extension for filing the claim.

Oliver v. Elite Insurance Co., [2014] N.S.J. No. 617, November 21, 2014, Nova Scotia Supreme Court, P.P. Rosinski J.

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Confirmation of coverage benefits displayed on an online portal and a confirmation statement did not amount to a certificate of coverage so as to create a contractual relationship between the insured and the insurer in an employer group disability benefits plan. The insured had no chance of success in a claim for breach of contract against the insurer when erroneously high disability coverage was corrected due to an employer error.

Sorensen v. Investors Group Financial Services Inc., [2014] N.S.J. No. 610, November 11, 2014, Nova Scotia Supreme Court, P.L. Muise J.

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