Publications

Kelly Santini LLP, Ontario, 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,...

Cox & Palmer, Prince Edward Island, December 05, 2012 – Shepard v. Sanderson & Govt of PEI 2012 PESC 20 The plaintiff Shepard suffered injuries after being struck by heavy snow thrown onto her by a snowplow. She commenced two separate actions against the defendants for payment of Section B benefits pursuant to a standard policy of automobile insurance, and in negligence. The court found...

Cox & Palmer, Prince Edward Island, December 05, 2012 – Hogan v. Buote 2012 PESC 10 The plaintiff, Brian Hogan, was hauling his lobster traps on the waters off Prince Edward Island when the defendant, Darryl Buote, spotted him. Buote lost sight of Hogan’s boat momentarily and when he next saw Hogan’s boat, it was too late to avoid a collision. The boats collided and...

Cox & Palmer, December 05, 2012 – Portage LaPrairie Mutual Insurance Company (“Portage”) insured Green Thumb Farmers Market. The defendant MacLean was an employee of Green Thumb when a fire occurred while MacLean was cooking at the market. Portage paid out its insured’s fire loss claim and commenced a subrogated action against MacLean. MacLean successfully brought an action for summary judgment against...