by Jonathan Sheehan | Oct 4, 2016 | Blogs, Cases
The cases of Skunk v. Ketash, released on March 22, 2016, and Fosker v. Thorpe, released in 2004, are an interesting example of two judges finding their way to opposite conclusions on similar facts. In both cases, the plaintiff was injured in an accident which occurred during an alleged theft of the plaintiff’s own insured vehicle.[1] In both cases, liability coverage was unavailable to the alleged thief. In both cases, the insurer of the vehicle argued that uninsured motorist protection was not available to the plaintiff because the stolen vehicle was insured, not uninsured. Interestingly, as indicated, the outcome of the two cases was different.
by Mark Vernon | Jun 8, 2015 | Articles, Blogs, Cases
The Ontario Court of Appeal recently mandated a small adjustment to the standard jury charge in rear-end motor vehicle accidents.[1] The court also strongly confirmed that when one car runs into another from behind, the driver of the rear car has the onus to satisfy the court that the collision did not occur as a result of his negligence.
by Marie Hynes | Aug 29, 2014 | Blogs, Cases
The Ontario Court of Appeal’s decision in Kozel v. The Personal Insurance Company, 2014 ONCA 130 has expanded the availability of relief from forfeiture under section 98 of the Courts of Justice Act. The court’s decision confirms that relief from forfeiture under this section is available for violations of statutory condition 4(1) of Ontario’s standard automobile insurance policy (OAP1), even where section 129 of the Insurance Act does not apply.
Kozel has altered the landscape for statutory condition 4(1) denials. The Court of Appeal held that driving with an expired licence is not non-compliance with a condition precedent in an insurance contract, but imperfect compliance. Kozel expands access to relief from forfeiture, concluding that only in rare cases will a finding of non-compliance be made. In most cases, the breach will be deemed imperfect compliance, and relief from forfeiture may be available.
by Roger Chown | Aug 29, 2014 | Articles, Blogs
Most novice and young drivers know the graduated licensing rules. Most of their parents do not. And very few people, young or old, appreciate the insurance implications that arise from violations of the graduated licensing rules, or the devastating personal consequences that can flow when coverage is not available because these rules are not followed. These results come from judicial interpretation of the graduated licensing regulations in several little-known court decisions.
by Roger Chown | Aug 28, 2014 | Blogs
The consequences of driving without car insurance can be severe and life-altering. What follows is a description of just how bad it can get if you drive without insurance.
Recent Comments