Recovery of costs for health care services provided by New Brunswick in a personal injury action when the accident happened in New Brunswick

A plaintiff who is injured in a motor vehicle accident involving a vehicle registered in New Brunswick and a vehicle registered in another province is exempted from advancing a subrogated claim pursuant to s. 10 of the Hospital Services Act, R.S.N.B. 1973, c.H-9, for the cost of health care services received, regardless of whether the ...

It is contrary to public policy to allow individuals to contract out of a statutory provision

A waiver signed by an employee was arguably invalid, as it would be contrary to public policy to allow individuals to contract out of the protection provided by the statutory right of action available to employees not covered by workers compensation. Fleming v. Massey, [2016] O.J. No. 399, 2016 ONCA 70, Ontario Court of Appeal, January 26, 2016, K.N. ...

Evidence did not establish arson on a balance of probabilities

The insureds successfully sued for indemnity after the insurer had denied liability on the basis of arson.  While the evidence raised a real and viable concern about exclusive opportunity, the preponderance of the evidence did not establish arson on a balance of probabilities. Roy v. TD Home and Auto Insurance Co., [2016] M.J. No. 3, 2016 MBQB ...

Doctrine of laches was not available to a second party insurer in defence of a claim under Ontario Insurance Act

The doctrine of laches is not available to a second party insurer in defence of a loss transfer claim for no fault statutory accident benefits under s.275 of the Insurance Act, R.S.O. 1990, c. I.8. Intact Insurance Co. of Canada v. Lombard General Insurance Co. of Canada, 2015] O.J. No. 6954, 2015 ONCA 764, Ontario Court of Appeal, November ...

Manitoba permanent impairment benefits are similar to no fault benefit regime in British Columbia: Manitoba insured was deemed to have released claim to the extent of the benefits received

The Manitoba Public Insurance Corporation Act granted the Manitoba public auto insurer the ability to bring a subrogated claim paid to its insured as a result of a MVA that occurred in BC for which the defendant was liable.  The benefits were strikingly similar to the no fault benefit regime in B.C. Therefore the relevant ...

Damages for accelerated depreciation from tortfeasor are not recoverable under Ontario’s no-fault insurance scheme

23. February 2016 0
Ontario’s no-fault insurance scheme precludes a vehicle owner from recovering damages for accelerated depreciation from the tortfeasor who is responsible for damaging the said vehicle. A party cannot rely on the law of bailment to circumvent the no-fault scheme where the true cause of action is in tort. Keyhani v. Downsview Chrysler Toronto, [2016] O.J. No. ...

Ontario Court of Appeal granted relief from forfeiture to insureds from non-compliance with statutory reporting requirements

23. February 2016 0
Statutory reporting requirements under Ontario’s Uninsured Automobile Coverage Regulation are not conditions precedent akin to limitation periods. The Courts may grant relief from forfeiture to insureds who have failed to comply with these requirements. Dams v. TD Home and Auto Insurance Co., [2016] O.J. No. 26, 2016 ONCA 4, Ontario Court of Appeal, January 6, ...