Burden of Proof vs. Fraud: Back to Basics

The Court of Appeal has overturned a summary judgment decision in a coverage case, finding the judge reversed the burden of proof and failed to recognize that a trial is required in cases of potential fraud, where credibility is in issue.

Say it if you mean it

UPDATE: This decision has since been overturned on appeal. Mr. Demetriou claimed he was robbed of a $550,000.00 ring (a family heirloom) that he was wearing on a gold chain around his neck while walking alone on a beach in Punta Cana. He had added the ring to his...

Election 2018: Making an Informed Choice (of insurer)

A priority dispute between Wawanesa, Northbridge and Allstate arose following the death of an insured truck driver. The truck driver had a policy of insurance on his personal vehicle (Allstate) and a policy of insurance on his work truck (Northbridge). His wife also...

Court bars SABS actions for bad faith / punitive damages

Can a claimant receiving accident benefits still sue an insurer for extra-contractual damages in court, in light of the April 1, 2016 changes to the Insurance Act? That was the question before Justice Ramsay in a Rule 21 motion recently brought by Economical Mutual...

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