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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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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Coverage under a life insurance policy was found to take effect as of the date the policy was delivered to the deceased insured, and not on the date the deceased insured completed administrative forms accompanying the delivered policy. The failure to advise the insurer of an impending medical test on those administrative forms did not constitute a material misrepresentation.

Craig v. Empire Life Insurance Co., [2014] O.J. No. 5577, November 13, 2014, Ontario Superior Court of Justice, J.R. McCarthy J.

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An application by the insurer for a declaration that it had no obligation to defend or indemnify the insured based on a material breach was dismissed. The insured argued successfully that it was entitled to relief from forfeiture pursuant to s.98 of the Courts of Justice Act as the breach was one of imperfect compliance rather than non-compliance.

Aviva Canada Inc v. Gravenhurst Taxi Ltd., [2014] O.J. No. 5644, November 3, 2014, Ontario Superior Court of Justice, T.M. Wood J.

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An insured's application for benefits under a policy issued to his employer, submitted two and a half years after the deadline, was considered timely because the insured had not been provided with the policy or claims documents by his employer.

Nguyen v. SSQ Life Insurance Co., [2014] O.J. No. 5253, November 4, 2014, Ontario Superior Court of Justice, P.M. Perell J.

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An insurer's obligation to indemnify an insured under a liability policy constituted a debt subject to garnishment.

Abuzour v. Heydary, [2014] O.J. No. 5199, October 28, 2014, Ontario Superior Court of Justice, M.A. Penny J.

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