Publications

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...

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,...

Kelly Santini LLP, Ontario, September 11, 2017 – Arcari v Dawson, 2016 ONCA 715 – This is an appeal from an Order of Sloan J dismissing the Plaintiff’s motion to add defendants after the limitation period had expired.  The appeal was dismissed. The Plaintiff was injured when she was struck by a vehicle while crossing the street in 2009.  In 2010 she sued the...

Kelly Santini LLP, Ontario, August 17, 2017 – Aviva Insurance Company of Canada v McKeown, 2017 ONCA 563 – This case resulted from an appeal from Aviva Insurance Company of Canada (“Aviva”) regarding notice an insurer must provide to examine under oath (“examination) an applicant claiming benefits under the Statutory Accident Benefits Schedule – O. Reg 34/10 (the “Schedule”). At issue was whether the...