Publications

Kelly Santini LLP, Ontario, December 17, 2019 – The Ontario Court of Appeal released a new decision in Tomec v Economical Mutual Insurance Company, which affirmed that the two-year limitation period in section 281.1(1) of the Insurance Act (the “Act”) and section 51(1) of the Statutory Accident Benefits Schedule (“SABS”) are subject to the rule of discoverability. Read More

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...

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...