Lerners LLP - Top 5 Picks:
- Pastore v. Aviva Canada Inc .- The Court of Appeal affirmed the need to adopt a broad and liberal interpretation of the Accident Benefits Schedule when making a determination of whether or not the insured has suffered catastrophic impairment.
- Doobay v. Diamond - Deals with the question of "how sharp should the teeth be in a contempt order?"
- Aragona v. Aragona- A gentleman who was the guardian of property for his mother, who suffered from Alzheimer's disease, was found to have breached his obligations under the Substitute Decision Act by taking money from her estate, was not entitled to recieve any compensation and was obliged to repay the money.
- Schembri v. Way- A decision dealing with motions to amend pleadings- the amendment was allowed here.
- Siena-Foods Limited v. Old Republic Insurance Company of Canada- Addresses the extent to which a lessee is covered by an auto insurance policy for property damage that the lessee incurred to its cargo during transit. The Court of Appeal found that under section 263 of the Insurance Act , Old Republic was in fact responsible to pay for the losses.
Originally published October 15, 2012
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