Category: Divisional Court

Melo v. Northbridge Personal Insurance Corporation (2017 ONSC 5885)

Post author By tgp-admin
Post date October 10, 2017
No Comments on Melo v. Northbridge Personal Insurance Corporation (2017 ONSC 5885)

The claimant appealed Adjudicator Sewrattan’s denial of further IRBs to the Divisional Court. The Court upheld the decision, writing that the standard of review was reasonableness, and that Adjudicator Sewrattan had used the proper test to consider entitlement to IRBs, applied the proper standard of proof, and grounded his reasons in the evidence before him.

Aviva Canada Inc. v. Taylor (2017 ONSC 2661)

Post author By tgp-admin
Post date April 28, 2017
No Comments on Aviva Canada Inc. v. Taylor (2017 ONSC 2661)

The insurer sought a stay of LAT proceedings while it sought judicial review of two LAT orders denying the insurer’s request for a hearing adjournment. Justice Kiteley denied the insurer’s motion. She ruled that the insurer’s request was premature, and that the LAT proceeding should reach its conclusion before the court system became involved. She reasoned that upon receipt of the LAT’s order following the determination of the legal issue, the insurer had a right of appeal on a question of law, which included questions of fairness and natural justice.