Information About Ontario Insurance Law Blog

Enforcing Settlement

Amyotte v. Wawanesa, [2012] ONSC 2072 (S.C.J.)The issue on this motion was whether a settlement entered into by counsel could be upheld. The defendant served a r. 49 offer to settle the plaintiff's accident benefits claim shortly before trial. The offer was sent by email in the following terms: "Pa... Read more »

Independent Medical Examinations - Second IME Ordered

Walsh v. Newland, 2012 ONSC 2123 (S.C.J.)Motions to compel a plaintiff to attend at an independent medical examination are often dependent on their facts, as can be seen in Justice Eberhard's decision in Walsh v. Newland. In this case the plaintiff had previously been assessed by the defendant's neu... Read more »

Limitation Periods in Loss Transfer Claims

Markel Insurance Co. of Canada v. ING Insurance Co. of Canada, 2012 ONCA 218 (C.A.);The issue in this appeal was the date from which the limitation period begins to run in loss transfer claims. The appeal arose out of two arbitration decisions that reached different conclusions on the start date for... Read more »

Actions by Insured against Insurer – Limitation Period not always Certain

Shaver v. Co-operators General Insurance Co. [2011] AJ No. 1411Mr. Shaver was injured in a three vehicle accident on July 14, 2000 with one other identified driver. The Motor Vehicle Accident Claims Fund accepted liability for the accident and consented to a partial judgement in Mr. Shaver’s favou... Read more »

In rear end collisions, liability is often considered to be automatic. But the Court of Appeal has reminded us that there is no such fixed rule.In Martin-Vandenhende v. Myslik, 2012 ONCA 53 (C.A.), the plaintiff alleged the defendant rear-ended her vehicle as she slowed to make a left turn. She te... Read more »