Canada Pension Plan disability payments are not income for the purposed of survivor benefits calculations

19. September 2016 0
The appeal of a decision finding that Canada Pension Plan disability payments are not to be considered as income for the calculation of motor vehicle accident survivor benefits was dismissed. Holtby-York v. Saskatchewan Government Insurance, , [2016] S.J. No. 412, 2016 SKCA 95, August 3, 2016, R.G. Richards C.J.S., R.K. Ottenbreit and J.A. Ryan-Froslie JJ.A. ...

Insurer could not prove material misrepresentation due to lack of evidence concerning “standard” Bill of Lading

Appeal from a decision dismissing a judgment creditor’s claim for recovery against the judgment debtor’s insurer was allowed because the insurer failed to meet its evidentiary burden proving the judgment debtor made a misrepresentation in its application for insurance coverage. C.H. Robinson Worldwide Inc. v. Northbridge Commercial Insurance Corp., [2016] O.J. No. 2505, 2016 ONCA 364, Ontario Court ...

Brokerage agreement between the insurer and the broker contained an obligation by the broker to indemnify the insurer

A broker’s subrogated claim against an insurer which voided an insured’s policy was summarily dismissed. Routh Chovaz Insurance Brokers Inc. v. Aviva Insurance Co. of Canada, [2016] O.J. No. 2682, 2016 ONSC 2567, Ontario Superior Court of Justice, May 25, 2016, G.R. Dow J. The insured requested his broker, which held binding authority for the insurer, to change the ...

Soil under the house was not insured property under homeowner’s policy

15. April 2016 0
The appeal of a motion judge’s decision determining that remediation of the contaminated land underneath the respondent’s home was covered under the homeowner’s insurance policy was allowed. Snow v. Royal Sun Alliance Insurance Co. of Canada, [2016] N.S.J. No. 54, 2016 NSCA 7, Nova Scotia Court of Appeal, D.P.S. Farrar, J.E. Scanlan and E. Van den Eynden JJ.A., February 11, ...

Plaintiff’s Mileage Costs and Pain Program Costs Deducted from Damages Award as they Qualified for No Fault Benefits

20. October 2015 0
The plaintiff’s damages for mileage costs for using her vehicle to travel to and from medical and necessary physical therapy appointments as well as the cost of the plaintiff’s attendance at a pain program were deducted from her damages award as these amounts qualified for no fault benefits. Park v. Targonski, [2015] B.C.J. No. 1857, ...