Archives

April 18, 2013 – The plaintiff in an action further to a motor vehicle accident has the onus of establishing, on the balance of probabilities, that his or her injuries meet the statutory threshold as set out by the Insurance Act, R.S.O. 1990, c.I.8 (hereinafter the “Act”) and Regulation 381/03 (hereinafter the “Regulation”) in order to collect non-pecuniary damages...

February 27, 2013 – Understanding and following the fundamentals of file preparation and court procedure can have a major impact on the outcome of a defence or subrogated action and the costs associated with the court proceeding.   In this webinar, Lisa Langevin and Sean Van Helden look at Procedures and steps in a lawsuit Civil actions Managing costs Subrogation...

February 20, 2013 – Blaney McMurtry LLP lawyers Tim Alexander and Alva Orlando recently obtained the dismissal of a $150,000,000 claim brought by a Canadian gold mining company against a U.S. based engineering firm and its employees on the basis that the Ontario court lacked jurisdiction over the matter.  Read more.

December 13, 2012 – A recent Court of Appeals ruling on ‘failed mediations’ by FSCO may have a significant impact on the number of requests for arbitration received by insurers. Under current legislation FSCO is required to mediate disputes filed for denied statutory accident benefits within 60 days. A severe backlog of requests for mediation has meant that FSCO,...