Paving the way forward: automobile claims and diminished value April 15, 2014 Alexander Yiu and John Gilbert What is the evidentiary standard for proving a claim in inherent diminished value, and how do you quantify damages for repair diminished value?
An insurer’s duty to defend April 15, 2014 Albert Wallrap When it comes to an insurer’s duty to defend, the legal landscape is far from well-mapped despite the Supreme Court trilogy which affirmed the longstanding “pleadings rule.”
Kozel v. The Personal Insurance Co.: the latest word on relief from forfeiture April 15, 2014 Lori Mountford In Kozel v. The Personal Insurance Company, the OCA ruled that the fact that the insured didn’t have a valid driver’s licence at the time of an accident had no bearing on whether her insurance company should be on the hook for the claim.
Proportionality and ‘ordinary people’: the SCC on summary judgment and how it might affect insurance practice April 01, 2014 Jennifer Taylor The SCC’s decision in Hryniak v. Mauldin, which urges litigants and counsel to consider the “proportionality principal” before moving forward with litigation, will change the way litigants, lawyers and courts approach summary judgment.
Who is to blame: the apportionment of fault April 01, 2014 Mike Libby When a bar patron drinks to excess, then drives and causes an accident, the bar can be found to hold a certain degree of blame for over-serving. How much blame is the question.