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The Worth of “Diminished Value” Claims in Ontario

June 20, 2016 | Patricia J. Forte

MT Insurance Law Blog

Introduction The claim goes by many names: “diminished value”, “diminution in value” and “accelerated depreciation”. The terms are interchangeably used to describe the economic loss of a property’s value as a result of the property having been damaged.[1] The concept […]

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Disclosure Requirements for Statutory Third Parties

May 26, 2016 | Randall Carter

MT Insurance Law Blog

Two cases decided within the last year have confirmed that an insurer which adds itself as a Third Party pursuant to Section 258 (14) of the Insurance Act (the off-coverage insurer) is required to answer questions and disclose information in […]

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Employees Who Rent Vehicles for Work: Liability Insurance Implications When Accidents Occur

April 15, 2016 | Patricia J. Forte

MT Insurance Law Blog

The frequency with which employees rent vehicles for employment purposes is a common occurrence. Amendments to certain legislation in Ontario introduced a priority scheme for liability coverage, and corresponding changes to the standard Ontario Automobile Policy reconfigured personal coverage to […]

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Containing the Spread of Fire(wall)

April 7, 2016 | Hermina Nuric

MT Insurance Law Blog

Implementation of internal firewalls between accident benefits and bodily injury departments has been a struggle for automobile insurers since the publication of the Insurance Bureau of Canada’s Bulletin 184, called “Internal Transfer of Information from Accident Benefits Adjuster to Tort […]

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Advanced Payments: When and Why?

March 31, 2016 | James D. Bromiley

MT Insurance Law Blog

With the pending changes to the SABS, tort adjusters will undoubtedly be called upon by Plaintiff counsel to make advance payments to cover such things as medical expenses, lost wages and attendant care.  Seriously injured Plaintiff’s facing a combined $65,000 […]

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Court of Appeal Rules that Contractual Limitation Period within Insurance Policy Overrides the Statutory Two-Year Limitation Period

March 17, 2016 | Andrew Hentz

MT Insurance Law Blog

The Ontario Court of Appeal has affirmed that a contractual condition within an insurance contract imposing a limitation period of 1 year will override the statutory two-year limitation period found within the Limitations Act, 2002. In Daverne v. John Switzer […]

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Destruction of Evidence

March 3, 2016 | Theodore J. Madison

MT Insurance Law Blog

The destruction of evidence, either intentional or through negligence, impedes the ability of the trier of fact to find the truth and reach a just determination of the issues. The destruction of evidence during ongoing or contemplated litigation, intentional or […]

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Termination Clauses in BC: Perfection (Maybe) Not Required

February 16, 2016 | Valerie Dixon

Canadian Labour & Employment Law Blog

Perhaps the most important clause in any employment contract is the termination clause.  Without it, an employee is entitled to reasonable notice of termination (in the absence of just cause). A written termination clause can even allow an employer to […]

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Employer’s right to post employee pictures in the workplace

June 25, 2015

Canadian Labour & Employment Law Blog

Author: Raphaël Viens Côté Employer’s right to post employee pictures in the workplace: Syndicat des travailleuses et travailleurs de Brasserie Labatt (CSN) et Brasserie Labatt du Canada, s.c.s. (grief collectif), 2015 QCTA 119 The Union representing Labatt’s employees of the […]

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The Last Word: When Can a Party File Further Affidavit Evidence After Cross-Examination

June 10, 2015 | Alexandra L. White

MT Litigation Blog

The decision of Perell J in Shah v. LG Chem, 2015 ONSC 776, addresses the topic of when a party should be granted leave of the court, under Rule 39.02(2), to deliver further affidavit evidence after cross-examination. The plaintiffs commenced […]

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Displaying 151-160 of 199

Disclaimer

This blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of this blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.