Publications

Kelly Santini LLP, Ontario, June 15, 2017 – Aviva Insurance Company of Canada v. McKeown et al., 2016 ONSC 6017 This application, brought by the insurer, was a test case on the issue of whether a justification is required to compel a person claiming statutory accident benefits to attend at an examination under oath if the insurer requests one pursuant to subsection 33(2) of Statutory...

Kelly Santini LLP, Ontario, June 15, 2017 – Wal-Mart Canada Corp. v. Intact Insurance Company, 2016 ONSC 4971 In this case, Wal-Mart Canada Corp. (“Wal-Mart”) sought a declaration for defence and indemnification under a policy of insurance its maintenance subcontractor had with Intact Insurance Company (“Intact”). Walmart was a named insured under that policy. Read more

Kelly Santini LLP, Ontario, May 19, 2017 – The Workplace Safety and Insurance Act contains restriction on the right to sue for workplace injuries. These rights depend on whether the injured worker and the defendant are in the same schedule as set out in the act. Read more

Kelly Santini LLP, Ontario, April 19, 2017 – Skunk v Ketash et al 2016 ONSC 2019 This was a motion for a summary judgment by the Defendant Jevco, to dismiss a claim by the Plaintiff, it insured. The claim arose when Jevco denied coverage to the insured, after the Plaintiff was involved in a single-vehicle accident.  The Plaintiff, Mr. Skunk, was a passenger in...