INSURANCE
DATE
|
PRACTICE AREA
|
| May 13, 2011 |
Insurance |
McNeill vs. Filthaut: Rule 53.03 does not apply to Experts Retained by Non-Parties
The decision in McNeill vs. Filthaut (2011) ONSC (“McNeill”) overrules Beasley vs. Barrand [2010] O.J. 1466 (S.C.) (“Beasley”) which held that that accident benefits assessors were unable to give opinion evidence at a tort trial unless they comply with Rule 53.03, which creates a duty to the court on the part of experts who are retained by parties to an action.
DATE
|
PRACTICE AREA
|
| November 2, 2010 |
Insurance |
The Effect of Lump Sum Settlements on the Availability of Collateral Benefits Deductions
The deduction of collateral benefits has always been an important factor to consider in evaluating any tort claim arising from a motor vehicle accident. The Anand v. Belanger decision limits tort insurers collateral benefits deductions available under s. 267.8 of the Insurance Act...
DATE
|
PRACTICE AREA
|
| October 19, 2010 |
Insurance |
Strict Enforcement of Rule 53.03 Applies to “Litigation Opinions”; Not Necessarily “Treating Opinions”
The opinions of doctors and other treating professionals are often relied upon to prove the cause and severity of a plaintiff’s alleged injuries. In Canada, expert opinion is admissible if it is necessary to assist the trier of fact...
DATE
|
PRACTICE AREA
|
| October 18, 2010 |
Insurance |
Timing of the Threshold Motion During a Jury Trial
In Clark v Zigrossi (2010 ONSC 5403) counsel for the Defendant indicated his intention to bring a threshold motion under section 267.5(5) of the Insurance Act following the Judge’s charge to the jury.
DATE
|
PRACTICE AREA
|
| July 29, 2010 |
Insurance |
Ontario Introducing Zero Blood Alcohol Conditions for New Drivers
Amendments to the Ontario Highway Traffic Act (“HTA”), aimed at preventing new drivers in Ontario from driving under the influence of alcohol, will come into effect on August 1, 2010.
DATE
|
PRACTICE AREA
|
| June 27, 2008 |
Insurance |
Appeal Decision on an Interlocutory Order
This is an appeal from the order of Borkovich J. dated January 8, 2007 wherein he granted the plaintiffs’ motion to strike the defendant’s jury notice at the commencement of trial. The action arose out of a motor vehicle accident involving the plaintiff, Hasina Kayhan, and the defendant Hildegard Greve, which occurred November 16, 1999.