Publications

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...

Kelly Santini LLP, Ontario, July 17, 2017 – Intact Insurance Company v. Allstate Insurance Company of Canada, 2016 ONCA 609 In this case, Ms. Paula Chartrand had commenced a long-distance relationship with Mr. Kyle Houghton. As the relationship progressed, Ms. Chartrand decided to leave her husband and move from Sudbury, Ontario with her two daughters to Sarnia, Ontario to live with Mr. Houghton. The...

Kelly Santini LLP, Ontario, July 17, 2017 – Echelon General Insurance Co. v. Ontario (Minister of Finance), 2016 ONSC 5019.  The insured purchased a six month automobile insurance policy in December 2008.  Just ten days later Echelon purported to cancel the policy due to non-payment of premiums.  The notice was not valid in accordance with the Insurance Act (“Act”).  In May 2010 the insured...