Publications

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...

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...

Kelly Santini LLP, Ontario, February 27, 2013 – Understanding and following the fundamentals of file preparation and court procedure can have a major impact on the outcome of a defence or subrogated action and the costs associated with the court proceeding.   In this webinar, Lisa Langevin and Sean Van Helden look at Procedures and steps in a lawsuit Civil actions Managing costs Subrogation...

Kelly Santini LLP, Ontario, December 13, 2012 – A recent Court of Appeals ruling on ‘failed mediations’ by FSCO may have a significant impact on the number of requests for arbitration received by insurers. Under current legislation FSCO is required to mediate disputes filed for denied statutory accident benefits within 60 days. A severe backlog of requests for mediation has meant that FSCO,...