British Columbia Insurance Blog : Canada Insurance Lawyer & Attorney : Michael Thomas of Harper Grey Law Firm : British Columbia, Vancouver

Insured entitled to maintain an action under s. 103 of the Automobile Insurance Act (Saskatchewan) against the defendants in respect to a claim for the difference between the amount the insurer contributed towards his rehabilitation and living assistance costs and his actual costs, and the difference between the income replacement benefits paid by the insurer and his actual yearly income loss.

Acton v. Britannia (Rural Municipality, No. 502), [2012] S.J. No. 791, December 20, 2012, Saskatchewan Court of Appeal, J. Klebuc C.J.S., M.A. Gerwing and G.R. Jackson JJ.A.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Insured was liable to pay a 10% administrative fee levied by Nova Scotia Department of Transportation and Infrastructure Renewal for the repair of a culvert damaged by motor vehicle driven by an employee of the insured.

Nova Scotia (Attorney General) v. Jacques Home Town Dry Cleaners, [2013] N.S.J. No. 4, January 3, 2013, Nova Scotia Court of Appeal, J.W.S. Saunders, L.L. Oland and J.E. Fichaud JJ.A.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

When the particulars of a loss are destroyed by the insured peril the court will be more sympathetic to the insured when determing the quantum of the loss

Visual Design Consultants Inc. v. Royal and Sun Alliance Insurance Co. of Canada, [2012] N.S.J. No. 682, December 18, 2012, Nova Scotia Supreme Court, R.W. Wright J.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The insurer ("Axa") was successful in obtaining an order compelling the insured, Lauzon (the "plaintiff"), to attend either at an examination under oath or at an examination for discovery to answer questions pertaining to the quantum of damages despite the fact that the appraisal procedure under the Insurance Act had been invoked.

Lauzon v. Axa Insurance (Canada), [2012] O.J. No. 5871, November 27, 2012, Ontario Superior Court of Justice, C.S. Glithero J.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

An appeal by an insurer from an order that it defend its insureds and reimburse them for defence costs. The appeal was dismissed.

Meridian Construction Inc. v. Royal & SunAlliance Insurance Co. of Canada, [2012] N.S.J. No. 450, August 23, 2012, Nova Scotia Court of Appeal, M.J. Hamilton, J.E. Fichaud and P. Bryson JJ.A.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A company contracted to provide winter maintenance on a property ("Collingwood") was successful in its appeal of a decision requiring it to assume the defence of the co-defendant landlord ("Cora") where the court found that the appropriate remedy for failing to name Cora as an additional insured on Collingwood's commercial general liability insurance policy was to require Collingwood to pay for Cora's defence of the action, save for costs incurred exclusively to defend claims that did not arise from Collingwood's performance or non-performance of the winter maintenance service contract.

Papapetrou v. 1054422 Ontario Ltd. [2012] O.J. No. 3373, July 23, 2012, Ontario Court of Appeal, J.I. Laskin, J.M. Simmons and E.A. Cronk JJ.A.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Lombard General Insurance Co. of Canada v. 328354 B.C. Ltd., [2012] B.C.J. No. 590, March 26, 2012, British Columbia Supreme Court, G.B. Butler J.

Insurer's application for declaration that its obligation to contribute to the costs of defending its insureds was limited to pro rata share based on time "on risk" was dismissed.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Lefebvre-Jackson v. Salt, [2012] O.J. No. 1234, March 15, 2012, Ontario Superior Court of Justice, D.R. McDermot J.

OPCF 44-R carrier was not liable to plaintiff for any damages within the policy limits of the insured defendant's policy.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

$100,000 in punitive damages was awarded against an insurer for alleging fraud against its insured in respect of a fire loss in circumstances which the Court described as a "high-stakes litigation strategy".

Brandiferri v. Wawanesa Mutual Insurance Co., [2012] O.J. No. 2869, June 22, 2012, Ontario Superior Court of Justice, P. Lauwers J.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Private long-term disability benefits are deductible from an award for past wage loss made by jury to plaintiff in respect of injuries sustained in a motor-vehicle accident, but only if the jury is instructed to deduct them.

Brown v. Campbell, [2011] O.J. No. 5991, December 5, 2011, Ontario Superior Court of Justice, M.J. Nolan J.

• Email This
• Print
• Comments
• Trackbacks
• Share Link