In Alberta there is no right to jury trial where defendant raises equitable defence. Coulter v. Co-operators Life Insurance Co., [2013] A.J. No. 919, September 6, 2013, Alberta Court of Appeal, J.E.L. Côté, B.K. O’Ferrall and B.L. Veldhuis JJ.A.
Plaintiff’s claim against defendant insurance brokers dismissed on basis that plaintiff adduced no expert evidence of standard of care and there was sufficient insurance available to plaintiff. Midas Investment Corp. v. Dominion of Canada General Insurance Co., [2013] O.J. No. 3403, July 22, 2013, Ontario Superior Court of Justice, K.E. Swinton J.
Insurer obligated to pay for insured’s full-time care under Ontario Statutory Accident Benefits Schedule—Effective September 1, 2010, and not just for care provided during the 40 hours per week when the insured’s mother would have been working but for the accident. Henry v. Gore Mutual Insurance Co., [2013] O.J. No. 3792, July 16, 2013, Ontario ...
In action by injured driver against his insurance broker, a pleading in the statement of defence that 90% of Ontario motorists have only $1,000,000 in third party liability/family endorsement coverage was struck on the basis that it did not assist the trier of fact in determining what this plaintiff did and whether he was offered ...
Insurer was found to owe insured a duty to defend in respect to claims for intentional assault and negligence. Simone v. Economical Mutual Insurance Co., [2013] O.J. No. 2526, May 31, 2013, Ontario Superior Court of Justice, B.A. Glass J.
Injuries sustained by taxi driver during an assault in his taxi did not arise out of the use or operation of a motor vehicle. Kwong v. Ostrom, [2013] O.J. No. 2351, May 14, 2013, Ontario Superior Court of Justice, B.A. Allen J.
Commercial general liability insurer found to owe insured, a construction company, a duty to defend it in respect to a claim by a condominium corporation for alleged construction defects. Canalta Construction Co. Ltd. v. Dominion of Canada General Insurance Co., [2013] A.J. No. 592, June 3, 2013, Alberta Court of Queen’s Bench, V.O. Ouellette J.
One-year contractual limitation period was enforceable by insurer against insured in respect to coverage dispute. Boyce v. Co-operators General Insurance Co., [2013] O.J. No. 2568, May 8, 2013, Ontario Court of Appeal, D.H. Doherty, E.A. Cronk and P.D. Lauwers JJ.A.
No coverage under homeowner policy for claim against vendor for fraudulent misrepresentation leading to sale of home. Chrysanthis v. Ali, [2013] O.J. No. 1239, March 18, 2013, Ontario Superior Court of Justice, D.F. Baltman J.
