Contrary to the trend towards tolerancy in setting aside default judgments, an insurer's motion to set aside default judgment was dismissed.

Kisel v. Intact Insurance Co., [2014] O.J. No. 3812, August 18, 2014, Ontario Supreme Court of Justice, P.M. Perrell J.

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Appeal of the dismissal of the insured's appeal from a master's order compelling him to undergo an independent medical examination. The Court of Appeal found no error in the reasons of the chambers judge. The order under appeal required the court to exercise its discretion and absent the finding that it was clearly wrong, the exercise of discretion was entitled to deference. Accordingly, the appeal was dismissed.

Wright v. Sun Life Assurance Co. of Canada [2014] B.C.J. No. 1982, July 30, 2014, British Columbia Court of Appeal, E.A. Bennett, D.C. Harris and R. Goepel JJ.A.

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The existance of subrogated action in insured's name in Alberta for property damage was not a bar to insured's claim for personal injuries in Ontario.

Kelly v. Horn, [2014] O.J. No. 2872, June 16, 2014, Ontario Superior Court of Justice, F.N. Marrocco A.C.J.S.C.J., A.C.R. Whitten and Thomas JJ.

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Ontario court did not have jurisdiction to hear a claim brought by a plaintiff who was involved in a motor vehicle accident in Alberta, notwithstanding that one of the defendants was her insurer who issued a policy to her in Ontario.

Tamminga v. Tamminga, [2014] O.J. No. 2915, June 18, 2014, Ontario Court of Appeal, R.G. Juriansz, M.H. Tulloch and G.R. Strathy JJ.A.

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It is appropriate for insurer to seek contribution from other insurers by filing an originating application pursuant to Rule 3.2(1) of the Alberta Court of Queen's Bench Rules.

Northbridge Indemnity Insurance Corp. v. Intact Insurance Co., [2014] A.J. No. 611, June 10, 2014, Alberta Court of Queen's Bench, W.P. Sullivan J.

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An insurer was time barred from bringing a loss transfer claim against a second insurer by operation of the doctrine of laches.

Zurich Insurance Co. v. TD General Insurance Co., [2014] O.J. No. 2550, May 27, 2014, Ontario Superior Court of Justice, S.N. Lederman J.

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A broker can crossclaim against an insurer where a declaration on the issue of coverage could provide the broker with a complete defence.

JBI v. ACE Ina Insurance, [2014] O.J. No. 2615, May 30, 2014, Ontario Superior Court of Justice, Master J. Haberman

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This was a motion by the insureds to determine whether their home was insured by the insurer when it was destroyed by fire. Prior to the fire, the insurer wrote to the insureds to advise them that the policy would not be renewed (the renewal date was 8 days before the fire). The insureds argued the insurer was not entitled to terminate the policy as it did. The Court found the termination was valid. A plain reading of the termination clause of the insurance policy indicated that neither the insurer nor the insured must give any reason for termination of the policy.

Merei v. State Farm Fire Casualty Co., [2014] O.J. No. 2434, May 15, 2014, Ontario Superior Court of Justice, T.J. Carey J.

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A dispute arose over the application of an indemnity clause in a contract between a golf tournament host and golf course owner. The plaintiff was injured in a golf cart accident. When the indemnity clause was read as a whole, it obliged the golf tournament host to indemnify the golf course owner for the golf course owner's own negligence.

Neely v. MacDonald, [2014] O.J. No. 2285, May 12, 2014, Ontario Superior Court of Justice, F.L. Myers J.

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A release signed by a plaintiff participating in a zip line activity did not defeat the plaintiff's claim for injuries sustained in a motor vehicle collision on the defendant zip line operator's bus travelling from the zipline area. The release was contrary to public policy, which did not allow an owner/operator of a motor vehicle to contract out of liability for damages for injuries sustained in a motor vehicle accident.

Niedermeyer v. Charlton [2014] B.C.J. No. 763, April 30, 2014, British Columbia Court of Appeal, E.A. Bennett, N.J. Garson, and C.E. Hinkson JJ.A.

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