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March 20, 2014 – On February 19, 2014, the Ontario Court of Appeal released its decision in Kozel v The Personal Insurance Company, 2014 ONCA 130. The case will be of interest to auto insurers and representatives presented with “authorized by law to drive” issues. Its significance, however, is broader. The appellate court’s holdings with respect to relief from...

March 19, 2014 – It has been almost 18 years since a Conservative government implemented Ontario’s third major tort reform automobile compensation system. It came into force on October 23, 1996. That fall I presented my first iteration of this paper which explained how tort damages should be calculated under this new system. Since then, significant changes have been...

February 24, 2014 – Termination of an insurance contract typically occurs in one of three circumstances: by natural expiry of the time period specified in the contract, by mutual agreement between insurer and insured, or by unilateral procedure of the insurer. The last of these circumstances may become contentious with an insured, especially when an insured has to find...

February 24, 2014 – – Gordon v. Sexton, 2013 NLTD 127. The plaintiff claimed for damages arising from injuries sustained in a rear end collision in April 2002. Liability was admitted. The sole issue before the court was an assessment of the plaintiff’s damages. The plaintiff, aged 53 at the time of trial, continued to suffer some 11 years...