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Searching Content indexed under Insurance by Torkin Manes LLP ordered by Published Date Descending.
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1
OSFI Unveils New Technology And Cybersecurity Breach Requirements
In addition to ensuring their compliance with Canada's new federal mandatory data breach and breach-of-security-safeguards reporting requirements under the private sector Personal Information Protection and EDA...
Canada
15 Feb 2019
2
Ontario Government Auto Insurance Reform
On January 9, 2019 the Ontario Government issued a news release announcing that it is seeking input on how to make auto insurance more affordable.
Canada
18 Jan 2019
3
She Paid The Insurance Premiums For 13 years, But His New Spouse Got The Payout — Until The Court Intervened
An Ontario woman who paid life insurance premiums for 13 years on a policy on her former husband, only to discover that her ex had made his new spouse the irrevocable beneficiary
Canada
17 Dec 2018
4
Section 5(1)(a)(iv) of the Ontario Limitations Act: Not the Broad Provision We all Assumed it to Be
Section 5(1)(a)(iv) of the Ontario Limitations Act, 2002, S.O. 2002, c.24, Schedule B (the "Act") postpones the running of the limitation period where the plaintiff is yet unaware that a legal proceeding would be an "appropriate means" to seek to remedy her loss.
Canada
9 Oct 2018
5
Deference, Deference, Deference: The Effect of Teal on the Standard of Review Applied to Insurance Arbitration Awards
In Teal Cedar Products Ltd. v. British Columbia, 2017 SCC 32, the Supreme Court of Canada drew an important distinction between how the standard of review is applied in appeals from civil matters, as opposed to appeals from an arbitral award.
Canada
29 May 2018
6
Support Payor's Death Leads To Complex Court Case Involving Estranged Wife, Fiancee And An Unborn Child
Before Stephen died, he prepared a will — contrary to a court order — that split his life insurance between his two families. That's when the lawyers got involved
Canada
7 Jul 2017
7
Lessons From Dagg
The recent decision of the Ontario Court of Appeal in Dagg v. Cameron Estate, 2017 ONCA 366 contains important lessons for family and estates lawyers, mediators and financial advisors.
Canada
5 Jun 2017
8
Does an Insurer Have a Good Faith Duty to Advise the Insured about a Limitation Period?
There is no doubt that the parties to an insurance contract owe one another a duty of good faith. But does this include a positive duty on the insurer to advise the insured about a limitation period?
Canada
25 May 2017
9
When Are Conclusions of Law Made in a Summary Judgment Motion Binding on the Trial Judge?
As summary judgment motions become the more common way for parties to resolve their disputes, Ontario Courts have had to deal with the consequences of a failed motion.
Canada
13 Mar 2017
10
The Perils Of Taking "No Position" On A Summary Judgment Motion
A recent decision of the Ontario Court of Appeal, D'Onofrio v. Advantage Car & Truck Rentals Ltd., 2017 ONCA 5, asks whether a party who takes "no position" on a summary judgment motion is later bound by the motion judge's findings in the ongoing litigation.
Canada
10 Jan 2017
11
Reasonableness Standard Affirmed In Insurance Case
Canadian courts are showing increasing deference to the decisions of arbitrators.
Canada
4 Nov 2016
12
Deductibles, Interest, Remedial Penalties; Oh My!
In the 2016 decision of Dimopoulos v Mustafa, the Defendant raised a number of issues, each dealt with by Tzimas J.
Canada
2 Aug 2016
13
Due Diligence And Discoverability: Is A Plaintiff Required To Follow-Up With Their Doctor For Test Results?
In the recent 2016 decision in McMillan v. Adeite and State Farm Mutual Automobile Insurance Company, the Court had to decide whether the plaintiff exercised reasonable diligence in discovering the extent of her injuries.
Canada
20 Jun 2016
14
Assumption Of Defence Agreement; Is It Enforceable?
The Court of Appeal on April 26th, 2016, dealt with the enforceability of an Assumption of Defence of Agreement in Seidel v. Town of Markham et al..
Canada
4 May 2016
15
Overturning A Jury's Decision?
In the recent Court of Appeal decision in Fonseca v. Paul Hansen et al, an appeal was brought regarding the trial decision of a jury.
Canada
3 May 2016
16
Waivers – Another One Upheld!
Waivers are being effectively upheld with regard to allegations of negligence, as long as they are clearly worded and unambiguous.
Canada
1 Feb 2016
17
Withdrawing An Admission; No Consent When $23 Million Is In Question
Withdrawing admissions can be a much more arduous process, if the consent of the other side is not provided.
Canada
11 Dec 2015
18
Does Adverse Costs Protection Insurance Negate Requiring Security For Costs?
What is Adverse Costs Protection Insurance? Adverse cost coverage is also known as "legal costs protection".
Canada
17 Nov 2015
19
Reducing Taxpayers' Dollars Means The CMPA Taking A Different Litigation Approach
As medical malpractice lawyers know all too well, the Canadian Medical Protective Association ("CMPA") has earned its litigious reputation.
Canada
15 Oct 2015
20
Contracting Out Of The Insurance Act For Property Damage To A Vehicle?
In Hafeez v. Sunaric, a 2015 appeal decision of Perell J, the issue of whether a contract can be enforced for property damage against an at fault driver, given that we have a No- Fault system in Ontario, is examined.
Canada
5 Oct 2015
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