Publications

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  • The New One Year Limitation Period in Ontario

    Kelly Santini LLP, Ontario, January 24, 2014 – Overview In May, 2013, the Ontario Court of Appeal upheld a contractual one year limitation period in a commercial property policy. The Co-Operators denied the claim and when the plaintiffs brought an action against The Co-operators, it was struck out because it was commenced beyond the one year mark as specified in their policy but...
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  • The Benefits of a Well-Run AB File

    Kelly Santini LLP, Ontario, July 19, 2013 – The length of time and costs associated with the resolution of a Statutory Accident Benefit dispute are of growing concern for many insurers.  If a dispute arises, insurers want to be well-positioned for a reasonable outcome within the dispute resolution mechanisms available.  In this webinar, Sylvia Corthorn and Charlotte Porter of Kelly Santini LLP discuss...
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  • Court of Appeal Rules One Year Limitation Period Applies for Business Insurance Policy 

    Kelly Santini LLP, Ontario, May 24, 2013 – The Boyces owned a retail clothing business called the Portside Boutique.  On October 30, 2012, something soiled their inventory; they claimed it was vandalism.  Their insurers, The Co-Operators said that the soiled inventory was caused by a skunk and the damage was not covered under their policy.  The Co-Operators denied the claim and the Boyces...
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  • What’s New in Threshold Case Law in Ontario

    Kelly Santini LLP, Ontario, April 18, 2013 – The plaintiff in an action further to a motor vehicle accident has the onus of establishing, on the balance of probabilities, that his or her injuries meet the statutory threshold as set out by the Insurance Act, R.S.O. 1990, c.I.8 (hereinafter the “Act”) and Regulation 381/03 (hereinafter the “Regulation”) in order to collect non-pecuniary damages...
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