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Published on: 18 Dec 2013 By ,

Court of Appeal confirms that civil damages for bodily harm intentionally inflicted cannot be discharged by bankruptcy.

Rasha El-Tawil and Michael Polvere argued a successful appeal before the Court of Appeal for Ontario in Dickerson v. 1610396 Ontario Inc. and Radcliffe, 2013 ONCA 653 (MacFarland, Watt and Epstein, JJ.A.), regarding the application of the Bankruptcy and Insolvency Act on damages suffered for…

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Published on: 10 Oct 2013 By

What are uninsured, unidentified and underinsured motorist claims?

I. Third-Party Liability Coverage: Who pays for damages if I am injured, but it is not my fault? In Ontario, if you are injured in a motor vehicle accident you may commence a lawsuit against an at-fault driver to compensate for your injuries and losses. Usually, the at-fault driver’s o…

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Published on: 1 Aug 2013 By

Understanding OHIP: What health care services are covered outside of Ontario?

OHIP covers many health care costs when you are in Ontario. But what about when you are abroad or if you want treatment that isn’t available in Ontario but is available elsewhere in Canada? Siskinds lawyer Maciek Piekosz looks at how OHIP covers you and outlines the steps involved in getting…

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Published on: 31 May 2013 By

Beyond Branco: A Comparison Of Recent Decisions On Insurers’ Bad Faith And Punitive Damages

The recent decision Branco v American Home Assurance Company received a lot of attention for the high damages awarded against an insurer for acting in bad faith. Branco was just one of a series of cases dealing with bad faith damages in Canada over the last year. In this article, Siskinds lo…

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Published on: 17 Apr 2013 By

Insurance Companies Acted In A “Cruel And Malicious” Manner

“The fact that Branco was able to continue to withstand this pressure for so many years on two different fronts is truly remarkable and almost superhuman, even though his resistance may have resulted in irreparable mental distress which may last for the remainder of his lifetime” – Justice M…

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Published on: 16 Apr 2013 By

What is a “Reasonable” Time to Test Brain Impairment Following a Motor Vehicle Accident?

A Review of F.S.C.O.’s recent decision in Security National Insurance Co./ Monnex Insurance Management Inc. v. Hodges At issue in Hodges, was whether the injured person had sustained an injury properly classified as catastrophic pursuant to section 2(1.2)(e)(i) of the Statutory Accident Bene…

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Published on: 3 Apr 2013 By

First Decision on the Minor Injuries Guideline released by the Financial Services Commission of Ontario

Siskinds Partner Emily Foreman assesses and explains the first arbitration decision relating to the new  Minor Injuries Guideline that has been released by the Financial Services Commission of Ontario.   Emily explains what the MIG is, how it classifies injured persons and the benefits they …

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