Publications

Kelly Santini LLP, Ontario, April 19, 2017 – Routh Chovaz Insurance Brokers Inc. v Aviva Insurance Co of Canada, 2016 ONSC 2567 This was a motion by Aviva Insurance Co of Canada (“Aviva”) for a summary judgment dismissing the Plaintiff’s action as Aviva argued the Plaintiff did not have a cause of action. Dow J granted the motion and dismissed the action. Routh Chovaz...

Kelly Santini LLP, Ontario, February 16, 2017 – According to Statistics Canada, 2014 saw 149,900 total injuries resulting from motor vehicle accidents (“MVAs”) – including 1,834 fatalities.[1] When exploring the cause of these accidents, human error is typically to blame.[2] To combat these statistics, each year brings new technological advances to our consumer goods, and the auto industry is no exception. Cars are...

Kelly Santini LLP, Ontario, September 16, 2016 – State Farm Mutual Automobile Insurance Company v Aslan et al., 2016 ONSC 2725 In this case, State Farm sought an order to compel each respondent to attend an examination under oath (examination) pursuant to section 33 of the Statutory Accident Benefits Schedule – O. Reg 34/10 (Schedule). At issue was whether State Farm had provided...

Kelly Santini LLP, Ontario, May 19, 2016 – Stephen Appotive and Crystal Schulz of Kelly Santini LLP successfully represented the defendants in Powell v Dowsley 2016 ONSC 1951 when the plaintiffs sued for damages of $350,000 for loss of enjoyment from the property. The defendants had installed an outdoor wood burning furnace to heat their home.  The plaintiffs claimed that smoke from the...