New Case: ON Coverage laws limited if MVA in BC

On April 10, 2018, the Divisional Court released an important decision regarding ATV incidents outside of Ontario. Specifically, in Benson v. Belair Insurance Co. Inc., the Divisional Court considered whether the Claimant was entitled to statutory accident benefits...

The Wide Latitude of a Duty to Defend

A recent Court of Appeal decision outlined the breadth of an insurer’s duty to defend. In Ernst v. Northbridge Personal Insurance Corporation, the application judge ruled that the insurer had a duty to defend the driver of an ATV. The insurance policy extended...

$225,000 in General Damages Upheld by ONCA

The Court of Appeal has upheld a jury’s award of $225,000 in general damages for pain and suffering in a case involving a plaintiff who suffered fractures to the tibia and talus bone as a result of a motor vehicle accident. The plaintiff was 18 at the time of the...

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