Publications

Kelly Santini LLP, Ontario, November 25, 2019 – Overpayments commonly occur when an insured is paid an income replacement benefit (IRB) and subsequently receives retroactive Long Term Disability benefits (LTD) or Canada Pension Plan (CPP) benefits. Each are deductible from IRB, and their retroactive nature may require an insurer to claw back an overpayment made to an insured. Recovering an overpayment is governed...

McKercher LLP, Saskatchewan, November 25, 2019 – A participant expert witness has relevant expertise and was involved in the events that underlie the litigation. Participant experts are generally permitted to provide both fact and limited opinion evidence. Occasionally, a participant expert is also a litigant. In Westerhof v Gee Estate, the Ontario Court of Appeal addressed whether the Ontario Rules of Civil Procedure1 relating to...

Kelly Santini LLP, Ontario, November 25, 2019 – Ontario’s Court of Appeal recently clarified in Hunt v Peel Mutual Insurance Company the circumstances in which an insurer has a duty to defend an occupant of a vehicle insured under its policy. Read More

Kelly Santini LLP, Ontario, November 25, 2019 – As of January 1, 2020, the rules governing Simplified Procedure under the Rules of Civil Procedure in Ontario will change. The highlights include: The monetary limit will increase from $100,000.00 to $200,000.00; The time limit for conducting oral examinations will increase from two hours to three; Trials will be limited to five days, by summary trial with...