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Kelly Santini LLP, Ontario, November 13, 2017 – Wilk v Arbour, 2017 ONCA 21. This is an appeal from an order of Faieta J. dismissing the Plaintiff’s motion for summary judgement under the Dog Owner’s Liability Act and granting the Plaintiff’s cross-motion, finding that she was entitled to damages. The appeal was allowed. Read More
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Kelly Santini LLP, Ontario, October 19, 2017 – Caithesan v. Amjad, 2016 ONSC 5720 In this case the Plaintiffs brought motions for summary judgment against the Defendant, Saad Amjad (Amjad) who was 16 years old at the time of the incident. He had taken his mother’s car without consent and then lost control of the car injuring two of his passengers. Based on his...
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Kelly Santini LLP, Ontario, September 11, 2017 – Intact Insurance Company v Federated Insurance Company of Canada, 2017 ONCA 73 A father and his son were involved in an accident with another vehicle insured by Federated. The injured son claimed statutory accident benefits from the insurer of that vehicle, Intact. Intact denied the claim as it took the position that it had cancelled the...
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Accident Benefits Disputes Require Notification to the Other Insurer and the Claimant Within 90 days
Kelly Santini LLP, Ontario, September 11, 2017 – Unifund Assurance Co v Dominion of Canada General Insurance Co, 2016 ONSC 4337 This case arose when an insured, who owned and operated an automobile repair shop, was injured in a motor vehicle accident while riding in a customer’s vehicle. The insured applied to his own insurance, Dominion Insurance, rather than the insurance of his customer,...