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A “limitation” On The Insurer’s Duty Of Good Faith

According to the Ontario Court of Appeal in Usanovic v Penncorp Life Insurance Company, 2017 ONCA 395, an insurer’s duty of utmost good faith to its insured does not require it to disclose the existence of a limitation period. That is, unless the provincial parliament decides otherwise.

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Repair And Storage Liens: Two Exclusive Procedures In Ontario

I am often asked by our astute clients whether they should apply under the two procedures provided in section 23 or 24 of the Ontario Repair and Storage Liens Act, on disputes with repair shops and tow operators over repair, tow and storage charges.

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Getting Help With That Defence: Contribution Among Insurers

We learn from an early age that sharing is virtuous.

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Six Year Delay May Prejudice Position In Priority Dispute

More than six years after an accident, who is first loss insurer where a plaintiff is insured under a policy covering his personal vehicle, and also under a policy covering his employer’s fleet of vehicles?

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Loss Transfer: When Will Out-of-province Insurers Be On The Hook?

Twenty-five years after the overhaul of the automobile insurance regime in Ontario, some interesting questions have yet to be resolved.

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Recent Ontario Decision On Jurisdictional Issues

Jurisdictional issues have been the focus of attention by the Supreme Court of Canada and the Court of Appeal of late.

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