If they don’t remit, the HST’s not legit
Strigberger Brown Armstrong LLP | Insurance Law Blog
by Julianne Brimfield
2w ago
In 2019 the legislature amended the SABS to confirm that the med/rehab limits are exclusive of HST. But when exactly is HST payable in accident benefits claims ..read more
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A Worker in an Executive’s Clothing
Strigberger Brown Armstrong LLP | Insurance Law Blog
by Ryland MacDonald
3w ago
Does the Executive Officer Exception under the WSIA apply to every Executive Officer ..read more
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ONCA Confirms Business Interruption Losses are Not Insured Losses
Strigberger Brown Armstrong LLP | Insurance Law Blog
by Rory Love
2M ago
The Ontario Court of Appeal has confirmed that business interruption losses relating to COVID-19 are not insured losses ..read more
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Priority Disputes 101: The Final Frontier
Strigberger Brown Armstrong LLP | Insurance Law Blog
by Daniel Strigberger
2M ago
When a priority dispute doesn't resolve in the normal course, the parties submit the issues to a private arbitrator. Oh .... there is also another notice provision that we haven't discussed yet ..read more
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Business Interruption Losses: COVID-19 is Not an Insured Loss
Strigberger Brown Armstrong LLP | Insurance Law Blog
by Rory Love
4M ago
COVID-19 may be a distant memory to some, but pandemic related litigation continues to filter through the court system. In Workman, the Ontario Superior Court of Justice recently examined an insured’s ability to recover revenue relating to the pandemic ..read more
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Expert Reports: Not great to be late
Strigberger Brown Armstrong LLP | Insurance Law Blog
by Rory Love
6M ago
In Lamothe v. Sudbury Trail Plan Association, 2023 ONSC 3176, the Superior Court refused to allow the defendants to deliver late expert reports. The defendants attempted to bring a motion to be granted leave to deliver late expert reports which was opposed by the plaintiffs. Background The action arose from a snowmobile accident that occurred on February 4, 2014, involving the plaintiff Gaeten Lamothe. As a result of the accident Mr. Lamothe alleged to have suffered injuries to his abdomen which required surgery and to be fitted with an ileostomy bag. The statement of claim was issued Septemb ..read more
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Material Change in Risk – A Warning for Insurers
Strigberger Brown Armstrong LLP | Insurance Law Blog
by Pearl Rombis
6M ago
In April 2023, the Saskatchewan Court of Appeal heard and dismissed with costs an insurer’s appeal in Wynward Insurance Group v. Smith Building and Development Ltd., 2023 SKCA 57, affirming the trial decision at 2021 SK QB 54. Facts Policyholder Smith Building and Development Ltd. (“Smith Ltd.”) owned a commercial building insured at the date of loss by Wynward Insurance Group (“Wynward”).  Smith Ltd. rented units out to various tenants, including Regens Disposal.  In 2012, before vacating the premises, Regens subleased part of its premises to two subtenants, one being a motorcycle ..read more
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Not Involved? CAT Impairments Still Possible
Strigberger Brown Armstrong LLP | Insurance Law Blog
by Olivia Duguay
7M ago
In a recent decision, the Divisional Court ruled that the Appellant, Naomi Kellerman-Bernard, was eligible to make a claim for catastrophic impairment designation, despite not being personally involved in the accident herself. The Appellant’s child was involved in a bicycle accident and was significantly injured as a result. Though the claimant was not involved in the accident, she sustained psychological and emotional injuries and impairments. Whether she was an “insured person” within the meaning of the SABS was not at issue. The sole issue was whether she was eligible to apply for CAT desi ..read more
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ONCA Revisits Mental Health Injuries
Strigberger Brown Armstrong LLP | Insurance Law Blog
by Rory Love
7M ago
The recent Ontario Court of Appeal decision in Bothwell v. London Health Sciences Centre revisited what is necessary for a plaintiff to prove in order to be successful in a mental injury action. Specifically, the Court addressed whether feelings of anger, sadness and frustration, without more, result in a compensable mental injury. Background Bothwell arises from an incident where Mr. Bothwell was administered with the wrong medication when attending a hospital. When Mr. Bothwell discovered the error, he was angry and frustrated, and he brought a claim for mental injury. Mr. Bothwel ..read more
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In Memoriam: Caroline Meyer Riley
Strigberger Brown Armstrong LLP | Insurance Law Blog
by SBA LLP
9M ago
It is with profound sadness and heavy hearts that we announce the passing of our esteemed colleague and dear friend, Caroline Meyer Riley. Caroline’s departure on July 13, 2023, has left us deeply saddened, as we mourn the loss of an extraordinary legal professional and a cherished member of our law firm family. Caroline was an exceptional and tenacious lawyer, with an unparalleled sense of humour and the warmest smile. As a valued member of our firm, she consistently demonstrated legal expertise, unwavering dedication, and an unyielding commitment to her clients and peers. As a founding partn ..read more
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