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  • Court finds denial letter met clear and unequivocal standard

    Kelly Santini LLP, Ontario, February 12, 2018 – Bonilla v Preszler et al., 2016 ONCA 759 – The respondent, an insurer, informed the appellant via two letters on February 4, 2003, that they will no longer be paying her income replacement benefits (“IRB”) after February 27, 2003. the appellant was represented by legal counsel and did not challenge the respondent upon being informed. Read More  ...
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  • Full Liability Upheld Where Jury’s Conclusions and the Admission of Expert Evidence Not Patently Unreasonable

    Kelly Santini LLP, Ontario, January 19, 2018 – Hamilton v Bluewater Recycling Association et al (2016 ONCA 805) involved a motorcyclist (Hamilton) who tried to overtake a recycling truck as the truck turned left. The vehicles collided and Hamilton was grievously injured. Hamilton brought a personal injury action for damages. Read More
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  • Duty to Defend Applied Despite Exclusions for the Insured’s Work

    Kelly Santini LLP, Ontario, January 19, 2018 – Parkhill Excavating Ltd v Royal & Sunalliance Insurance Co of Canada (2016 ONCA 832) – Parkhill, designed and installed septic systems. It had commercial liability policies between 2004 to 2010 with a number of insurers. Parkhill’s septic systems were found to be defective and 36 septic systems had to be replaced. Parkhill was sued for negligence...
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  • Bill C-45 – The Cannabis Act: What Insurers Need to Know to Avoid Getting Caught in the Weed

    Kelly Santini LLP, Ontario, December 08, 2017 – The federal government’s Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (“the Cannabis Act”), has now passed its first reading in the Senate.[1] While the Cannabis Act is still subject to further debate, Parliamentary approval, and Royal Assent, the federal government maintains that...
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