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, ...

Property Damage Claim Excluded for “Faulty Workmanship”

05. September 2014 0
The insured’s property damage claim under a homeowner’s policy for damage to her house alleged to have been caused by a contractor fell within the “faulty workmanship” exclusion of the insured’s insurance policy, which also excluded resulting damage from faulty workmanship. Monk v. Farmers’ Mutual Insurance Co. (Lindsay), [2014] O.J. 3509, June 27, 2014, Ontario ...

Farmer’s Bodily Injuries From ATV Accident Not Covered

05. September 2014 0
A farmer’s action for damages for bodily injuries and accident benefits arising out of an accident that occurred while he was driving an uninsured all-terrain vehicle on a public road was statute barred by virtue of the operation of Ontario’s 267.6(1) of the Insurance Act and s. 30(1)(a) of the Statutory Accident Benefits Schedule. Although ...

Tenant’s Interference with Furnace Causing Failure did not Fall Under Mechanical Breakdown Exclusion

05. September 2014 0
At appeal, the court upheld the trial judge’s decision that a tenant’s insertion of cardboard into furnace controls which caused the furnace to run continually until failure, did not fall within the mechanical breakdown or pollution exclusion under the insured landlord’s all-risk insurance policy. The court also upheld the lower court’s decision that the letter ...

Release Found Contrary to Public Policy for Contracting Out of Liability for Injuries Sustained in Motor Vehicle Accident

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 ...