Jillian Van Allen of Brown & Partners LLP successfully moved to set aside the Registrar’s second dismissal Order.
Limitation Period Starts at the Refusal
October 21, 2014 By
Written by Christopher Whibbs.
Today, the Ontario Court of Appeal dismissed the appeal by a plaintiff, from a summary judgment motion won by the insurer, The Dominion. In this case, Sagan v. Dominion of Canada General Insurance Company, 2014 ONCA 720, the Dominion denied a non-earner benefit claim in 2008 when no OCF-3 was received. The plaintiff then applied for mediation of this denial in 2011, or beyond the 2 year limitation period.
Rule 20 Dismissals
October 10, 2014 By
Written by Jonathan Tatner.
The following are two recent decisions of the Ontario Superior Court that dealt with motions for summary judgment to dismiss the claims (pursuant to Rule 20 of the Rules of Civil Procedure) in tort actions arising from motor vehicle accidents, in which the moving parties successfully moved to dismiss the claims based on the absence of liability. These decisions are significant in that they demonstrate the effects of the Supreme Court of Canada decision of Hryniak v. Mauldin, 2014 SCC 7, which paved the way for a more flexible approach to Rule 20 summary judgment motions.
Dismissal based on a Bad Faith Application
February 13, 2014 By
Written by Marlett Dobson.
The issues before Arbitrator Susan Sapin in Samaru and Security National (A11-003906, January 20, 2014) were:
a) Whether the application for arbitration should be dismissed because it was brought in bad faith as an accident did not occur.
b) Whether the insurer was entitled to repayment.
c) Whether the applicant had abandoned the application for arbitration.
